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HomeMy WebLinkAboutCity Council - 06/05/1984 i 33 t APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL --UESDAY, JUNE 5, 1984 7: 30 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 W. Dawson, City Attorney Richard Rosow, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I' •ATION: Councilman Paul Redpath OF ALLEGIANCE ALL: all members were present. ?PROVAL OF AGENDA AND OTHER ITEMS Of BUSINESS the following item was moved from the regular agenda to the Consent Calendar: VII D. 1. _ Eden Prairie Horseman Re uest (continued from 5/15 04) . as III . L. MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II MINUTES A. Minutes of the City Council meeting held Tuesday, A ri 1 17, 1984 (continued from 5/15/84) MOTION: Redpath moved , seconded by Bentley, to approve the Minutes of the City Council meeting held Tuesday, April 17, 1984 , as published. Motion carried with Anderson abstaining. B. Minutes of the Ci�y Council meeting held Tuesday, May 1 , 1984 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the City Council meeting held Tuesday, May 1 , 1984 , as published, Motion carried unanimously. City Council Minutes -2- June 5 , 1984 III . CONSENT CALENDAR A. Change Order Request and Report from Restoration Committee B. Authori ze' Adverti si n for Bids for Grading of Homeward Hills Ne_ ii hbor- hood Pa rk�— _ C. Adopt final assessment roll for Spring 1984 Special Assessments (Reso- lut)on No. 84-135� �! D. Approval of 1983 Final Budget Expenditures & Revenues E. Final Plat approval for Technology Park (Resolution No. 84-145) F. Clerk ' s License List G. Five Year Capital Improvements Budget (continued from 5/29/84) H. Approval of Plans and Specifications for FFling Cloud _Drive through Lee_ Data & tJiIson Ridd a and authorize 5ius. I_.C. 52-064 Resolution _— -- —, I . NATIONAL CHILD CARE. 2nd Reading of Ordinance No. 32-84-PUD-5-84, Zo mng District Change from Rural to Neighborhood Commercial for National Child Care, approval of Amendment to Developer's Agreement (previously for Anderson Lakes Parkway Shopping Center) , and adoption of Resolution No. 84-125, approving Summary of Ordinance No, 32-84--PUD-5-84 , and ordering Publication of said Summary for National Child Care, 1,5 acres for a day care facility. Location: southeast quadrant of Anderson Lakes Parkway and Highway P169. J. 'EDEN PRAIRIE TECHNOLOGY PARK, 2nd Reading of Ordinance No. 37-84, Zoning District change from Rural to I-2 Park for .12, 0 acres , approval of Developer's Agreement for Eden Prairie Technology Park by Hoyt Con- struction, and adoption of Resolution No. 84-128, approving Summary of Ordinance No. 37-84, and ordering the Publication of said Summary of Eden Prairie Technology Park, 18,2 acres into one industrial lot, one outlot, and road right-of-way, Location: West 76th Street, west of Washington Avenue. K, BROCK RESIDENCE INN. 2nd Reading of Ordinance No. 38-84, amending Ordinance No,- 58-83 within Commercial Regional . Service District, for Eden Prairie Hotel Company, approval of Amendment to Developer's Agreement, and adoption of Resolution No. 84- 129, approving Summary of Ordinance No. 38-84, and ordering Publication of said Summary of Brock Residence Inn for Eden Prairie Hotel Company. 4. 33 acres for 128-unit hotel . Location: southeast quadrant of Highway 5 and I-494. L . EDEN PRAIRIE HORSEMAN REQUEST (continued from 5/15/84) moved from agenda -i tem VI I , D. I . (as amended -- per recommendation of Parks , Recreation & Natural Resources Commission. } Ci ty 'Council Minutes -3- June 5, 1934 There was some discussion regarding item "G" on the Consent Calendar. Anderson indicated he would like to see planning begun now for the Valley View Road project. Bentley concurred. Penzel suggested that as an inter- mediate action Staff could be asked to work on plans and specifications and to work with the railroad. The issue of the location of the crossing should be resolved as soon as possible. Penzel said from that standpoint this is a realistic schedule. MOTION: Redpath moved , seconded by Bentley, to adopt items A - L on the Consent Calendar. Motion carried with Anderson voting "no" on item G. IV. PUBLIC HEARINGS A. EDENVALE 18th AND 19th ADDITIONS by Edenvale Corporation. Request for Zoning District change from Rural to R1-9.5 (with variances) for 12.35 acres and preliminary plat of 12. 35 acres into 12 single family cluster a lots and 17 single family lots . Location: Edenvale Boulevard at Woodlane and Birch Island Drives. (Ordinance No. 40-84 - zoning and Resolution Nos . 84-130 and 131 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and adjacent property owners had been notified. Jack Lynch, Westwood Planning and Engineering, addressed the Edenvale 18th proposal on behalf of the proponent. Planning Director Enger stated this project had been reviewed by the Planning Commission at its May 7. 1984, meeting at which time it suggested a more traditional development be approved; the plans before the City Council this evening are in response to that request. The Planning Commission did vote to recommend approval subject to the recommendations included in the May 4, 1984, Staff Report, Director of Community Services Lambert noted this had been reviewed by the Parks , Recreation & Natural Resources Commission at its May 21 , 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report. Karen Pellowski , 6813 Woodland Drive, stated that people in this neigh- borhood are boxed in. Valley View Road and Edenvale Boulevard are already heavily used -- are the roads adequate to handle more traffic. Lynch next reviewed the Edenvale 19th proposal. Planning Director Enger said this had also been reviewed by the Planning Commission at its May 7, 1984, meeting at which time the Commission voted to recommend approval subject to the conditions included in the May 4, 1984, Staff Report and with the condition that the proponent replace lost or damaged trees . City Council Minutes -4- June 5, 1984 Director of Community Services Lambert indicated this had been reviewed by the Parks , Recreation & Natural Resources Commission at its May 21 , 1984, meeting at which time it voted to recommend approval subject to the revised Planning Staff report and plan,. The Commission also requested a tree inventory be completed. Anderson asked if there was provision for buffer/easement across the back of the lots which are proposed. Enger said the Council should look at whether or not a buffer is necessary and also at what type of woods is there. Anderson asked what the problem is with the railroad crossing at Edenvale Boulevard. Director of Public Works Dietz said the problem is with an agreement with the railroad. City Attorney Rosow said he had talked with railroad attorneys last week and had been assured that an agreement would be in the mail this week. Bentley suggested that perhaps more drastic action, could be taken if an agreement has not been received prior to the next meeting of the City Council . Bentley asked whether or not consideration had been given to moving the road (in the proposal ) further to the north which would require the removal of one lot. Lynch indicated they are trying to keep the building pads at 65' - 70' ; this would be diminished if the road were moved. Penzel said he agreed with Bentley' s suggestion. He further suggested the proponent provide the City with vegetation easements in areas where there will be no building pads . Lynch said they would be willing to provide vegetation easements for the major trees in the area. Penzel said that the developer's agree- ment should included tree replacement on a caliper inch for caliper inch basis. . s Bentley expressed concern about Valley View Road. He asked if stop signs might be helpful at Valley View Road and Edenvale Boulevard . Dietz said Staff will review that possibility and report back to the Council . Chip Hanback, 14892 Hickory Court, said it is not a matter of saving trees but of having the trees act as a barrier from the density to the north and the noise of the railroad. He inquired as to why the last small area of Edenvale is now being changed to R9.5 zoning. Penzel noted that Edenvale was planned to provide all types of housing; he reviewed what had been planned for this area of Edenvale in 1970. Redpath asked if there was a minimum building size included in the R9. 5 zone. Enger said the floor area ratio is 150/0' for a single story building and 25% for a multi -story building. Glen Keitel , 14960 Ironwood Court, indicated he would like to see the area of the lots more equitably distributed, He also noted that the railroad tracks are not safe and this should be investigated. Robert Schwartz, 14882 Hickory Court, said he felt there were four issues before the Council : 1) nature; 2) design for the future; 3) appreciation of property values; and 4) quality of family life in Eden Prairie. He asked the developer if the land to the west was going to be developed in one unit, Lynch indicated that was the intention. Schwartz said the land values must be preserved. He also noted that some alternatives should be looked into to preserve land. �. I Ci ty Council II-I notes -5- June 5, 1984 Terry Johnson , 15020 Ironwood Court, said he has been watching this proposal with interest as his home backs onto a wooded area. He said he does not see how the vegetation is going to be preserved and still allow the area to be graded so building pads can be constructed. He also expressed concern about the railroad crossing. Johnson said Woodland is now being used as a short cut. He said he would like to see the proposed road moved to the north. John Scott, 14872 Hickory Court, said he would like to see the zoning changed to R13. 5; this would keep the integrity of the neighborhood and wooded areas . Larry Bueter, 14862 Hickory Court, said he does not wish to have an $80,000 house behind his $200,000 house. He said he would not have minded having townhouses behind him. i Richard Lang, 14805 Ironwood Court, said he felt the zoning should be R13. 5. This would help to maintain the values of the homes on the hill . Lynch stated there would be only two 55' lots ; the remaining lots would be 65' . i Tangen asked if there would be any variances required. Enger said none i would be necessary. P A woman who lives on Ironwood Court wondered why Eden-,.,ale has allowed so much density since there is such a traffic problem in the area. MOTION: Redpath moved, seconded by Bentley, to close the public Hearing and to give 1st Reading to Ordinance No. 40-84, rezoning for Edenvale 18th Addition. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-130, approving the preliminary plat of Edenvale 18th Addition, Edenvale Corporation. Motion carried unanimously. Mo*rION: Redpath moved, seconded by Anderson, to give 1st Reading to Ordinance No. 41-84, rezoning for Edenvale 19th Addition. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-131 , approving the preliminary plat of Edenvale 19th Addition , Edenvale Corporation. Tangen suggested the possibility of deferring action on the preliminary plat so that the proponent could take into consideration moving the road and providing a buffer. Lynch said he would prefer providing tree easements and easements along the back edge of the property line. VOTE ON THE MOTION: Motion carried with Bentley voting "no. " I City Council Minutes -6 June 5, 1984 MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement taking into consideration the recommendations of the Planning Commission, Parks , Recreation & Natural Resources Commission, and those of the City Council . Motion carried unanimously. B. RIDGEWOOD WEST 4TH ' by Centex. Request for Planned Unit Development District Review and Zoning District change, with variances, from R1-13.5 to R1-9.5 and preliminary plat of 8.85 acres into 30 lots. Location: Cumberland Road at Wellington Drive. (Ordinance No. 42-84 - zoning and Resolution No. 84-133 - preliminary plat.) I City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tom Boyce, project manager for Centex Homes , spoke to the proposal . Planning Director Enger stated this request had been reviewed by the Planning Commission at its May 14, 1934, meeting at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated May 11, 1984. s I Director of Community Services Lambert said this had been reviewed by the Parks, Recreation & Natural Resources Commission at its meeting on May 21, 1984, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and those included in the Supplemental Staff Report dated May 17, 1984. Lambert called attention to a letter dated May 8, 19:84,. from. Terry King (see attached. ) There were no comments from the audience. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 42,84. Motion carried unanimously, MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 84-133, approving the preliminary plat of Ridgewood West 4th, by Centex. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson , to direct Staff to prepare a Developer' s Agreement per Commission and Staff recommendations and any amendments thereto. Motion carried unanimously. C. CITY WEST CONVENTION CENTER by Hospitality Growth Services. Request for iron str7ct change from Rural to Commercial Regional Service, with variances, and Preliminary Plat of 5.5 acres for a hotel-convention center. Location: northeast quadrant of City West Parkway and County Road 61. (Ordinance No, 39-84 - zoning and Resolution No. 84-132 - preliminary plat) City Council Minutes -7- dune 5, I984 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jim Eastman, Hospitality Growth/Kahler Corporation, said they would like to get started with this project in August and would then be scheduled to open during the 4th quarter of 1985. He introduced Charles Giller, architect for the project, who addressed the request. Planning Director Enger said this had been before the Planning Commission at its March 26, 1984, meeting at which time it was continued to May 14, 1984, in order for the proponent to address concerns the Commission had relative to parking and setbacks. At its May 14th meeting the Commission moved to recommend approval subject to the recommendations included in the Staff Reports dated March 23, 1984, and May 4, 1984. This was not reviewed by the Parks, Recreation & Natural Resources Com- mission. Redpath asked if Kahler was building this on speculation . Eastman indi- cated Kahler was looking for financing and a "name" hotel corporation to manage the operation. Penzel asked if the parking meets Code requirements. Enger said the parking required by the Ordinance is met by using cross parking easements . He indicated there will be times when parking might be a problem -- such as noon hours. Shared parking will work on weekends . MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give Ist Reading to Ordinance No. 3944. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath , to adopt: Resolution No. 84-132, approving the preliminary plat of City West Convention Center by Hospitality Growth Services. Motion carried unanimously, D. SUPER 8 HOTEL, Request for Site Plan and Zoning Amendment in C-Highway f District o'f 1.29 acres and preliminary plat of 5.4 acres into one lot and one outlot. Location: east of Highway 169, north of West 78th Street. / (Ordinance No. 43-84 - zoning amendment and Resolution No. 84-134 preliminary plat. ) { City Manager Jul 1 i e indicated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Harvey Rott, proponent, addressed the proposal . Planning Director Enger stated this request had been reviewed by the Planning Commission at its May, 14, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the May 11, 1984, Staff Report. City Council Minutes -8- June 5 , 1984 Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had recommended approval at its meeting on May 21, 1984, subject to the recommendations included in the Planning Staff Report. Penzel noted a letter which had been received from John Teman (see y attached.) Bentley questioned the location of a motel directly across the street from a shopping center. Rott said this is a very desirable location and spoke to his experience in this area. Redpath said he wondered if highway frontage was necessary. Rott said they have found that "drop in business" in an area such as this is very good (15% - 20%) . He also indicated that recognition of the "Super 8" chain is good. 9 ' Tangen asked what the proposed time schedule was. Rott said they have tentative financing ; they will be proceeding in 120 days to 6 months . Bentley asked who would be -involved in the project. Rott said he and Rivett -- Rott will oversee the management of this motel himself. There we-e no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 43-84. Motion carried unanimously. a MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. j 84-134, approving the preliminary plat of Super 8 Motel . Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations and any amendments thereto. Motion carried unanimously. E. MIN-TEX PHASE IV, Request for site plan and zoning amendment for 6.3 acres for one industrial lot - I-2 Park Zoning District. Location: southwest quadrant of West 70th Street and Shady Oak Road. (Ordinance No. 33-84 - zoning amendment, ) City Manager Jullie said notice of this Public Hearing had been published and notices had been sent to property owners within the project vicinity. Bernie Frye , representing the proponent , spoke to the request. Planning Director Enger said the Planning Commission had reviewed this proposal at its May 14, 1984 , meeting at which time it voted to recommend approval subject to the recommendations included in the May 11, 1984, Staff Report. There were no comments from the audience . MOTION; Anderson moved , seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 44-84. Motion carried unanimously. T t o r City Council Minutes -9- June 5, L, -084 MOTION: Bentley moved, seconded by Tangen , to direct Staff to prepare an Amendment to the prior Developer's Agreement taking into consideration Commission and Staff recommendations . Motion carried unanimously. F. PRELIMI_NARY APPROVAL OF MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS FOR RIVETT & ROTT SUPER 8� IN THE AMOUNT OF $1 ,300 ,000.00 Resolution No. 84- 142� City Manager Jullie said official notice for this Public Hearing had been published. f Finance Director Frane noted the transaction would be a private place- ment. i Bentley expressed concern about the equipment being a part of the bond. MOTION: Redpath moved, seconded by Bentley , to close the Public Hearing and to adopt Resolution No. 84-142, granting preliminary approval and determining to proceed with a project and its financing under the Muni- cipal 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, G. BRYANT LAKE OFFICE TECH CENTER STREET UTILITY IMPROVEMENTS , I_._C. 52-053 j (_Fsol uti on_No. 84-91) --c-anti nued ro Am prig-17, 1984 ,t, MOTION: Anderson moved , seconded by Redpath, to continued this item 1k. to the June 19, 1984, meeting of the City Council , Motion carried unanimously. PAYMENT OF CLAIMS NOS, 13791 - 14146 rove MOTION: Bentley moved, seconded by Anderson , to approve the Payment of Claims Nos . 13791 - 14146, Roll call vote: Anderson , Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried u,nanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports, VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Anderson requested Planning Director Enger to make a report regarding his recent memorandum dealing with the Vantage property, Enger said he felt the City should attempt to save as many of the trees on the property as possible. He noted a tree inventory had been done. Penzel said he thought this was going to be a high class development and he would, at this time , be hard pressed to consider this for a 2nd Reading unless some changes were made. Redpath concurred. Bentley noted that City Council Minutes -10- June 5, 1984 Gelco and others had gone the "extra mile" when it came to preserving the natural amenities on their properties . Anderson said he was dis- mayed; he felt Vantage found no value at all in the trees on its property. A MOTION: •Redpath moved, seconded by Bentley, to indicate City Council support of the June 1, 1984, memorandum from Chris Enger, Director of Planning, re: "Status Report on Vantage Corporation Southwest Crossing, Phase II" ; and to request Staff to review the site plan for this proposal prior to 2nd Reading of the Ordinance. Motion carried unanimously. Bentley - said the time has come to look at the. Major Center Area POD and how it relates to what is happening now. Penzel said he would like to see the Guide. Plan reviewed in its entirety. MOTION: Bentley moved, seconded by Tangen, to instruct the City Manager to begin the review process. Motion carried unanimously. Penzel - called attention to a letter from W. E. and Mary Jo Abraham, 8711 Summit Drive, regarding the safety and health concerns brought about a. by woodpiles . MOTION: Tangen moved, seconded by Anderson, to direct Staff to explore various wood pile ordinances. Motion carried unanimously. B. Report of City Manager City Manager Jullie reported on a meeting which he attended this morning at which time the Hennepin County Board of Commissioners discussed waste 4. transfer sites . He noted that a site in Hopkins was removed from further consideration . Jullie also reported on a meeting held with the Metropolitan Council at which time the Lake Ann/Chanhassen interceptors was discussed. C. Report of City Attorney City Attorney Rosow reported that the review of the City Manager must be conducted at an open meeting. D. Report of Director of Community Services 1 . Eden Prairie Horseman Request (continued from 5/15/84) This item was moved to the Consent Calendar as item III L . 2. Petition from Bluff's West Neighborhood Director of Community Services Lambert said this request had been reviewed at the last Parks , Recreation & Natural Resources Commission meeting. The cost of the play structure for each park would be $12,000. _. City Council 'rli nutes -11- June 5, 1984 Bentley noted that the Parks , Recreation & Natural Resources Cormi ssion had recommended building structures in each park. Redpath said there are many children in that area. Ile said he would support the mini-parks and that is all at this time. Anderson said the planning for a park in this area has been going on for a long time; nothing has been done with the Homeward Hills Park. He said he would go along with the residents' request. Redpath asked Lambert what he would suggest. Lambert said he would recommend a playground structure for each park which would cost about $5,000 each. Greg Knaeble, 10379 Huntington Drive, said this what was originally ti requested. Tom Bruns , 10379 Huntington Drive, said the neighborhood would like to see something and this would be a start. Anderson asked what the cost would be of a sand volleyball court which the residents had also requested. Lambert said it would cost about $500 for materials and labor. MOTION: Redpath moved, seconded by Bentley, to approve $5,000 for play structures at each of the two mini -parks in the Bluffs West neighborhood. } z Anderson said he would also like to see a sand volleyball court included at this time. Knaeble asked what the process would be for getting the sand volley- ball court included in next year's budget. Lambert explained the procedure. VOTE ON THE MOTION: Roll call vote; Anderson , Bentley , Redpath, Tangen and Penzel voted "aye. Motion carried unanimously. 3. Sterling ield Neighborhood Letter regarding Park Maintenance Director of Community Services Lambert referred to his memorandum of May 16, 1984, in which this was addressed. He noted that this item was on the agenda as a point of information. VIII . NEW BUSINESS There was none. IX. ADJOURNMENT MOTION: Bentley moved, seconded by Tangen, to adjourn the meeting at 10:45 p.m. Motion carried unanimously.