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HomeMy WebLinkAboutCity Council - 05/15/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 15, 19Ek 8: 00 PM, SCHOOL ADMINISTRATION BUILDING, WEST WING GYMNASIUM COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson , GeorgE Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant to the City Manager Craig Dawson, City Attorney Richard Rosow, 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: all members were present I . APPROVAL_ OF AGENDA AND OTHER ITEMS OF BUSINESS The following items mere added -.to ,the Agenda; V III . D.. Final approval of r'IDB' s for James Refrigeration and IX. A. Question regard si3ewaTks. MOTION: Redpath moved., seconded by Anderson , 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, APRIL 17 , 1984 MOTION: Bentley moved. seconded by Redpath, to continue action on the April 17 . 1984, to June 5, 1984, so that the rationale for choosing the "TH 5 - Residential Alignment" might be included in the Minutes. Motion carried unanimously . III . CONSENT CALENDAR A. Resolution authorizing submission of posed Community Development Block Grant Activities for Year X Resolution No. 84-115 B. 2nd Reading of Ordinance No. 23-84 Bryant Lake Surface Water Use Ordinance C. WILSON RIDGE. 2nd Reading of Ordinance No. 24-84, Zoning District Change from Commercial Regional to Office for 18.64 acres , and from Commercial Regional to I -2 Park , with variances for 5,42 acres for Wilson Ridge, Approval of Develop- er' s Agreement for Wilson Ridge, and Adoption of Resolution No. 84-82, Approving Summary of Ordinance No. 24-84, and Ordering Publication of said Summary for Wilson Ridge. Location: 60.85 acres for three lots and four outiots , north of Valley View Road and east of Highway #169. City Council Minutes -2- May 150 1984 D. NORSEMAN 6th ADDITION. 2nd Reading of Ordinance No. 26-84, Zoning District Change from Rural to I-2 Park, for Norseman 6th Addition by Herliev He11e, l Approval of Developer's Agreement for Norseman 6th Addition, and Adoption of Resolution No. 84-84, Approvinq Summary of Ordinance No. 26-84 and Order- ing the Publication of said Summary of Norseman 6th Addition. Location: 11 .88 acres into two lots and one outlot. west of Washington Avenue, south of Valley View Road. E. O' NEILL OFFICE BUILDING. 2nd Reading of Ordinance No, 29-84, Zoning District Change from Rural to Office, with variances, and Adoption of Resolution No. 84-103, Approving Development Plan subject to conditions . Location: 1 . 70 acres at northeast quadrant of City West Parkway and County Road #61. - y F. FLYING CLOUD BUSINESS CENTER. 2nd Reading of Ordinance No. 36-83, Zoning District Change from Rural to I-2 Park, Adoption of Resolution No. 84-109, Approving Development Plan Subject to conditions,' and authorization for sale of excess right-of-way. Location: 2.91 acres, southeast corner of Flying Cloud Drive and McKinley Lane. G. Receive petition for improvements to Eden Road between Glen Lane and TN 16 s and authorize the preparation of �a feasibility report (including a review of the fe-asibility of constructi n "Si n 1 etree Lane between Eden Road and Prairie Center Drive) , I .C. 52-011 Resolution No. 84-110 H. Receive petition for Utility and Street im rovernents for 74th Street Golden ; Triangle Drive and Valley View Road,, and authorize preparation of a feasibi,Tity report, I,C. 52=065 Resolution No. 84�116, I. Approve plans and specifications for Carmel and vicinity improvements , I .C. 52-059A and 52-059B .Resolution No. 84-117 J. Final Plat approval for Ederr- G1enAth 'Add ftlon' (Resolution No. 84-111 ) K. Final Plat approval of Welsh Addition (Resolution No. 84-112) L. Final Plat approval for Eden Bluffs (Resolution No, 84-113) M. Final Plat approval for Mark Charles Second Addition (Resolution No. 84-114) N. Final Plat approval for City West 3rd Addition (Resolution No. 84-119) 0. Proclamation promoting Small Business in Eden Prairie MOTION: Tangen moved, seconded by Anderson, to approve items A, B and D - 0 on the Consent Calendar (item C. Wilson Ridge is excepted) . Motion carried with Bentley abstaining on item I . City Council Minutes -3- May 15, 1984 IV. PUBLIC HEARINGS A. Feasibility Reports Uti l i t and Street Im rovements for Br ant Lake Office Tech C-iter, I .C:- 52-053 Resolution No . 84-91 - continued from 4-17-84 r City flanager Jul 1 i e noted there were some unresolved problems with this matter. Director of Public Works Dietz recommended this be continued. MOTION: Bentley moved, seconded by Tangen, to continue action on this until the June 5, 1984, meeting of the City Council . Motion carried unanimously. B. SOUTHWEST CROSSING PHASE II bZ Vantage Com antes, Request for Comprehensive Guide Plan Amendment from Office to Industrial', Planned Unit Development Con- cept Amendment'^ and Planned Unit Development District Review for 36.89 acres; Zoning District Change from Rural to I-2 Park (with variances) for 11.33 acres ; and Preliminary Plat for one lot on 11.3 acres , Location: west of Washington Avenue, north of I-494. (Resolution No. 84,104 - Comprehensive Guide Plan Amendment; Resolution No. 84-105 - Planned Y nit Development Concept Amendment; Ordinance No. 36-84 - Zoning; Resolution No, 84-.106 - Preliminary Plat) " City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ray Gearhardt; Vantage Properties ,' Inc. and Sandy Ritter, RSP Architects , reviewed the project and the specific request before the Council . Raleigh Newsam, Vantage, said they are looking at commencing building July 1st; they will start work on Viking Drive about June 15th with completion expected about November 15th. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on April 23, 1984, at which time it voted to recommend approval of the requests subject to the plans presented and the changes recommended in the Staff Report dated April 20; 1984, Director of Community Services Lambert noted the Parks; Recreation & Natural Resources Commission had reviewed this request at its meeting on May 7, 1984, at which time discussion centered on pedestrian systems. The Commission recommended sidewalks along Viking Drive and Golden Triangle Drive - it also recommended the approval be based on the recommendations included in the Planning Staff report. Bentley asked if there would be enough parking on the site if all the space were converted into offices. Enger said the parking which is proposed amounts to 4 spaces per 1000 sq. ft. ;there is adequate parking on site, Bentley asked what the status of this proposal is relative to the Shoreland Management Ordinance. Enger said this site is not within the shoreland area and is not governed by that Ordinance. Bentley asked if a provision is not made because this is the first parcel to be developed within that area. Lambert concurred. he noted that Smetana Lake might be raised by as much as four feet but the Ordinance does not cover situations such as this . City Council Minutes -4- May 15, 1984 Ender said there are a couple of ways of looking at this in light of e the Shoreland Management Ordinance, He reviewed the options available. Bentley asked if the City was operating under Brauer's PUD of several years ago or another PUD. Enger said a PUD had not been applied for because the proponent did not have enough detail available to feel comfortable about it. Bentley asked if there was any one who knew how these were all going to interrelate. Redpath asked what the difference between this and City West was -- City West is a PUD but seems to be changed often. Penzel said he would like to have a. Developer' s Agreement in hand on the entire 106 acre parcel before anything is agreed to. Bentley said he was genuinely concerned about the PUD, Anderson said he would have a difficult time voting on a piecemeal approach; he expressed concern about the trailway which might be covered by water. Lambert said he would recom- mend the 8' bikeway/hikeway be built at the 840' contour -- this would be "high and dry. " Penzel said the issue, he felt, was the loss of a construction season; some of these issues might be resolved prior to 2nd Reading. Anderson asked if there was a tree inventory available for the entire parcel . Enger said there is a general inventory of the vegetation -- trees are rated as to relative value; the study dates back to 1980. Staff has requested a tree inventory. Enger noted that the way in which Vantage has approached this project is not the normal course of events which others have followed. He stated there is a history on this property which does given the City some "givens . " He said commitments have been received on land usage and roadways. Bentley said he has a problem with the property being done on a site by site bases rather than with an overall plan for the area; there is a need for an overall plan. Redpath suggested new Council members be provided with copies of the old PUDs for this area . There were no comments from the audience. MOTION: Redpath movedi seconded by Tangen, to close the Public Hearing and to adopt Resolution No, 84-104,' amending the Comprehensive Guide Plan. Motion carried unanimously. MOTION: Redpath moved; seconded by Tangen, to adopt Resolution No. 84.105, approving the Southwest Crossing Phase II Planned Unit Development Concept Amendment to the Condon-Naegele Golden Strip Planned Unit Development Concept. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to give Ist Reading to Ordinance No. 36-84. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-106, approving the preliminary plat of Southwest Crossing Phase II for Vantage Companies. Motion carried unanimously City Council Minutes -5- May 15, 1984 MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement subject to the recommendations of Commissions and Staff and specifically noting that all previous agreements relating to this area be combined into one agreement with an overall plan for this area. Motion carried unanimously. Bentley requested information regarding the Shoreland Management Ordinance and how it affects this request. C. EDEN PRAIRIE TECHNOLOGY PARK Jy Hoyt Construction, Request for Zoning District Change from Rural to I-2 Park for 1.2.0 acres', and preliminary plat of 18.2 acres into one industrial lot, one outlot, and road right-of-way. Location: West 76th Street, west of Washington Avenue. (Ordinance No. 37-84 - zoning; Resolution No. 84-107 - preliminary plat.) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Peter Jarvis, BRW, consultant to the proponent, addressed the proposal . Planning Director Enger said this request had been reviewed by the Planning Commission at its April 23, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the April 20, 1984, Staff Report. Director of Community Resources Lambert stated this request had been reviewed by the Parks, Recreation & Natural Resources Commission at its May 7, 1984, meeting at which time it voted to recommend approval subject to the recom- mendations included in 'the Planning Staff Report. Herliev Helle, 6138 Arctic Way, asked what the exterior materials on the buildings would be. Jarvis said there would be stucco and glass. There would be berming up to the window level . MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 37-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 84-107, approving the preliminary plat of Eden Prairie Technology Park for Hoyt Con- struction. Motion carried unanimously. MOTION: Bentley moved, seconded by Adnerson , to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations and any amendments thereto. Motion carried unanimously, .1 Y City Council Minutes -6- May 15, 1984 D. BROCK RESIDENCE INN by Eden Prairie Hotel Company. Request for Zoning Dis- trict and Site Plan Amendment for 4. 33 acres for 128-unit hotel and Registered Land Survey for two parcels (4.33 and 4,67 acres. ) Location: southeast quadrant of Highway #5 and I-494. (Ordinance No. 36-84 - zoning: and Resolution?No. 84-108 - Registered Land Survey) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Ken Nelson , Eden Prairie Hotel Company, addressed the proposal . Planning Director Enger said this request had been reviewed by the Planning Commission at its April 23, 1984, meeting at which time it was returned for revision so the site could be increased in size. At fts May 14, 1984, meeting the Commission again reviewed the request and voted to recommend approval subject to the recommendations included in the May 11, 1984, Staff Report. Enger indicated this will go to the Board of Appeals and Adjustments as there are variances being requested. Redpath asked if consideration had been given to sprinkling the buildings . Enger said the Fire Marshal would like to see sprinkling but it is not required in the Fire Code. City Attorney Rosow said the City Council would ` be hard pressed to require sprinkling if it is not required by the Code. Bentley said sprinkling of rooms is often regarded as a nuisance; only public areas are sprinkled, Nelson indicated smoke inhalation is a greater danger; therefore smoke detectors are required. Bentley said he would ask that the Fire Marshal and Brock representatives work out fire safety provi- sions with recommendations coming back to the Council prior to 2nd Reading. Nelson said they plan to use a sophisticated alarm system. Penzel asked where signs would be placed. Nelson said they would probably ask for a variance so a large sign could be placed in the southwest corner of the property. Penzel said he would suggest that this item be reviewed and brought back prior to 2nd Reading Penzel asked where the sewer connection was . Nelson indicated it was roughly where the street comes in. Penzel said the closest connection was a mile away. Mitch Anderson , proponent. said they had been assured by RCM that the City had agreed to extend the sewer to TH 169 and Valley View Drive. Penzel said there was a problem in that the connection must come through the Vantage property. There was considerable discussion on how utilities might be provided to the Brock parcel , Jullie noted that the City does have a 100% petition which was submitted by ' Condon-Naegele which indicates utilities would be constructed to their northern property line: Vantage is objecting to the extension as it would like to just put in utilities to the areas of its property where they will be needed this year. Jullie suggested Staff get together with the landowners to resolve the situation , He said he felt the City has the authority to extend the system through the Vantage property. There were no comments from the audience. 1 City Council Minutes -7- May 151 1984 i MOTION: Anderson moved, seconded by Bentley , to close the Public Hearing and to give Ist Reading to Ordinance No. 38-84, Motion carried unanimously, ; MOTION: Anderson moved, seconded by Tangen, to adopt Resolution No. 84-108, approving ?the Registered Land Survey of Brock Residence Inn for Eden Prairie Hotel Company; and to direct Staff to prepare an amendment to the prior Developer' s Agreement associated with Ordinance No. 57-83. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley , to add the matter of fire safety and the sewer connection to the Developer 's Agreement, Motion carried unanimously. Jul l i e noted Staff and the Mayor had met with represe�,tati ves of Vantage at which time the question of utilities was discussed relative to the 100% petition. Redpath requested the Maycr and/or Staff apprise and advise the other members of the City Council when something like this occurs which might come up for discussion before the City Council , Redpath said he felt it was completely unfair for a proponent to come before the Council and then find out something as basic as a sewer connection was not available when the proponent had been going on the assumption that issue had been taken care of. E. City Code Amendment to Section 11.70 to regulate signs at Flying Cloud Airport MOTION: Redpath moved, seconded by Bentley, to continue action on this item to the June 19, 1984, meeting of the City Council , Motion carried unanimously, F. Request for Municipal Industrial Development Bonds for McGlynn Bakeries in the amount of 1 ,650,000;00 Resolution No, 84.r220 f City Manager Jullie stated notice of this Public Hearing had been published, Burton McGlynn, proponent, addressed the proposal . Bentley asked what affect, if any, this would have on pending legislation relative to the caps which might be placed on the City. City Attorney Rosow said the resolution has been revised to include a disclaimer which will protect the City' s interest. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No, 84-120, giving preliminary approval to a proposed industrial development project by Burton J. McGlynn under the Municipal Industrial Development Act and authorizing submission of an application to the Minnesota Energy and Economic Development Authority for approval thereof. Motion carried unanimously. MOTION: Bentley moved, seconded by Penzel , to direct Staff to review the overall parking requirements for the McGlynn Building in lieu of the future construction of TH 212 ramps prior to Council ' s consideration of final approval of this MIDB request. Motion carried unanimously. City Council Minutes -8- May 15, 1984 V. PAYMENT OF CLAIMS NOS. 13508 - 1.3790 MOTION: Tangen moved, seconded by Anderson, to approve the Payment of Claims Nos. 13508 - 13790. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted Faye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. APPOINTMENTS A. Appointment of 4 Representatives to TH 212 Citizens Advisory Comni ttee MOTION: Redpath moved, seconded by Anderson, to appoint Virginia Gartner, Haakon Nyhammer, Sidney Pauly and Jesse Schwartz, Jr.. as representatives to the TH 212 Citizens Advisory Committee. Motion carried unanimously. VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Letter from Vera P, Keller, Vice President of Operations , Factory Outlet Center, re arding request to amend Developer' s Agreement re ardin sin restrictions continued from May 1, 1984 City Manager Jullie noted that Staff has requested the letters of each sign be individually lighted and that the size of the letters be reduced by 30%. Jerry Sieverson, executive vice president of Factory Outlet Centers ; Inc . , addressed their request. He said the signs which they are proposing are used in all other cities in which they have centers, Planning Director Enger further noted and called attention to the materials which had been submitted to the Council for its review which; ,showed the letters on the sign to be individual , internally. lit Tetters. There was discussion as to what size letters should be allowed; comparisons were made between what is proposed and what is in place in the area. Enger said the attorney for Factory Outlet Centers , Inc , , had agreed to provide restrictive covenants which are now being worked on via our City Attorney's office. MOTION: Redpath moved, seconded by Bentley, to permit Factory Outlet Center to erect signs on the four entrances of their building; the signs are to have letters of 26" in height on the south and east entrances and 20" on the north and west entrances to the building; the signs will be subject to the agreements agreed upon with Staff, Tangen said he had no problem in supporting the,.motion as he had checked signs in the area and was aware of the problems , VOTE ON MOTION: Motion carried unanimously, City Council Minutes -9- May 15, 1984 B. Request for Parade Permit for Eden Prairie Jaycee Women MOTION: Bentley moved, seconded by Redpath, to approve a parade permit requested by the Eden Prairie Jaycee Women for June 1. 1984, as requested by Mrs. Jan? Forsberg. Motion carried unanimously. C. League of Women Voters ' (Minnetonka , Eden Prairie , Hopkins) position on Community Programming via Cable TV Lorraine Raths and Karen Anderson, Minnetonka - Eden Prairie - Hopkins League members were present. Raths gave an overview of the manner in which League positions are determined. Anderson specifically addressed the Cable Programming position and outlined who and what had been used 'by the League as study resouces. The League supports Community programming. Bentley asked if specific programming ideas had come out of the study. Anderson said there are League members involved on a committee in Minne- tonka which will ultimately result in City Council meetings being on cable television. There was some discussion on the pros and cons of having council meetings on cable tv. Penzel thanked Raths and Anderson for presenting the League's position to the Council , D. Final approval of MIDB' s for James Refrigeratien City Attorney Rosow reviewed discussions he had had with bond counsel relating to pending Federal legislation. Rosow noted he has reviewed the resolution and has modified it appropriately so it contains the same kind of language whereby the City would disclaim using any portion of its allocation, if such is placed into effect by Federal legislation. He indicated he still had to review the documentation which should be noted in the motion. MOTION: Bentley moved, seconded by Anderson; to grant final approval for the MIDB' s for James Refrigeration =- Resolution No. 84-141 ; subject to review of final documentation by the City Attorney. Motion carried with Tangen voting no. " IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Question regarding sidewalks Penzel called attention to a petition which had been submitted to the Council this evening (see attached) regarding sidewalks along Whispering Oaks Drive. Penzel said he had met with the residents on Saturday afternoon and the consensus was that the sidewalk should be placed on the west side of the street. City Council Minutes -IO- May 15 , 1984 B. Report of City Manager 1. Evaluatiorf Review Forme (continued from May 1 , 1984) Y 9 i s MOTION* Bentley moved, seconded by Tangen, to continue action on this item to May 29, 1984. Motion carried unanimously. 3 2. Authorization to purchase City radios MOTION: Bentley moved, seconded by Tangen, to refer this back to Staff for more complete information and to return it to the Council at its meeting on May 22, 1984, for action. Motion carried' unanimously. - 3. Comments on Landfill Expansion EIS MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a presentation based on the outline which had been put together by Craig Dawson and that a presentation be made on behalf of the City at the public hearing. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. Eden Prairie Horsemen 's Request (continued from May 1 , 1984) Director of Community Services Lambert addressed his memorandum of May 10, 1984, in which the issues were addressed. Concerns were expressed about the removal of manure and whose respon- sibility that would be as well as concern about unsupervised children riding in the ring. MOTION: Bentley moved, seconded by Redpath, to recommend this matter be referred back to the Parks, Recreation & Natural Resources Commission for its review in light of the concerns expressed by the Council relative to manure, general clean-up, and unsupervised young riders. Motion carried with Penzel voting "no. " MOTION: Bentley moved, seconded by Redpath, to continue the meeting to 12 o'clock. Motion was defeated with Anderson and Tangen voting "no. " (Must be passed unanimously. ) City Council Minutes -11- May 15, 1984 f i Z. Purgatory Creek Recreation Area Draft Master Plan (continued from 1984) , MOTION: Bentley moved, seconded by Redpath, to approve the Purgatory Creek' Recreation Area Draft Master Plan. Motion carried unanimously. E. Report of Finance Director 1. Clerk's License List MOTION: Bentley moved, seconded by Redpath, to approve the Clerk's License List and to give 1st Reading to Ordinance No. 87-84, providing for a waiver of the performance bond requirement of the gambling ordinance upon a 4/5 vote of the City Council . Motion carried unanimously. X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Bentley moved , seconded by Redpath, to adjourn the meeting at 11:30 p.m. Motion carried unanimously. hw