Loading...
HomeMy WebLinkAboutCity Council - 07/10/1984 APPROVED MINUTES ' EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 10, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen i CITY COUNCIL STAFF: City Manager Carl J. Juiiie, Assistant to the Cit " Manager Craig Dawson , City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugune A. Dietz and Recording Secretary Karen Michael TION: Councilman Paul Redpath f 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 i ,-;•VI I I A. Anderson _ S�t�op_5igns on Kingston Drive ; Ce ; VIII. C. 2. time-s VI'IT ; C, " 2. Setttertent in Preserve nt the Prese 1. Rolfes/Bria ; d-VI1I . . 3. Caron ls condemnation - off-ramp I-494/Va11e� View Road. The following item was moved from the regular Agenda to the Consent Calendar: VIII . B. 1 . blood ile Ordinance became item- III ; L . and was referred to the Park , Recreation & Natural -Resources Commission for it-review. MOTION; Tangen moved , seconded by Redpath „ to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A, Board of Review meeti nc_hel d Tuesdays_ May 22, 1984 MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the Board of Review Meeting held Tuesday , May 22' 1984, as published. Motion carried unanimously. B. Special City_Council Meeting held Tuesda,a_ May 22 , 1984 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the Special City Council Meeting held Tuesday, May 22, 1984; as published. Motion carried unanimously. City Counci 1 Minutes -2- July 10, 1984 III . CONSENT CALENDAR A. Clerk's License List . B. 2nd Reading of Ordinance No ; 4O,84 EDENVALE 18TH ADDITION by Equitable Life Assurance Society of the United- States Zoning District, Change from Rural to R1-9.5 for 3.20 acres ' and Adopti on,.of Resolution No . 84-157, approving Development Plan subject to conditions . Location: Edenvale Boulevard at Birch Island Drive) C. 2nd Reading of Ordinance No. '44-84 'MIN-TEX PHASE- IV (Zoning Amendment for 6. 3 acres for one industrial Tot in 1 -2 Park Zoning District, approval of an, DeveloperIs Agreement for Mi n-Tex Phase IV, and adoption of Resolution No, 84-160, approving Summary of Ordinance• .No, 44-84 and ordering the publi- cation of said Summary of Min-Tex Phase IV. Location: southwest quadrant of W. 70th Street and Shady Oak Road ) Approval of Master Agreement for 'Southwest Crossing Overall Development L. 2nd Reading of Ordinance No. 27-84 SOUTHWEST CROSSING (Zoning District ' ` change from Commercial Regional to Office, approval of Developerr's Agreement, and adoption of Resolution No. 84-168, approving Summary of Ordinance No . 27-84 and ordering publication of said Summary) F, 2nd Reading of Ordinance_ No. 36-84-PUD-6-84. SOUTHWEST CROSSING-,,II , (Zoni ng District Chage from Rural to I-2 Park for Office/Ind— ust al use; approval of Developer's Agreement for Southwest Crossing II '. and adoption of Resolution No. 84-174', approving Summary of Ordinance No. 36=84-PUD-6-84 and ordering publication of said Summary for Southwest Crossing II . Loca- tion; northwest quadrant of County Road .18 and Highway I-494) G, Request of J,R, 'Nord! Inc, H. Award contract for Homeward Hills Park -,Grading, I . C; 51=874 (Resol ution Not 84-155 I . Set Public Hearing for Vacation "of easements in 'Shady Oak Industrial -Park on for 7: 30 �.m, , A-Ugu_s_t _ , 1984 J . Parking Prohibition for Proposed Anderson__ Lakes Parkway, MS_AS #107 from to TH 169�Reso1(Resolution No. 84-169�Mitchell Road K. Resolution No. 84-171 cal 1 i nncc for a Public Hearing, for Housing Revenue Bonds in the Amount c f-�2,750,000. 00 for Eden Investments Edenvale Apartments I II ) L. Woodpile Ordinance (formerly VI I I . B. 1 . ) Referred to Parks , Recreation & Natural esources Commission for its review, MOTION: Bentley moved, seconded by Anderson ,,, to adopt items A - L on the Consent Calendar. Motion carried unanimously, City Council Minutes -3- July 100 1984 IV. PUBLIC HEARINGS A. LION'S TAP by Bert Noterman and Lynn Charlson. Comprehensive Guide Plan Amendment from Low Density Residential to Commercial for 1 .6 acres ; and Preliminary Plat of 24.2 acres into three lots. Location: northwest quad- rant of Highway 169 and County Road 4. (Resolution No. 84-162 - Comprehen- sive Guide Plan Amendment and Resolution No. 84-163 - Preliminary Plat) City Manager Jullie indicated notice -of this Public Hearing had been published and property owners within the project vicinity had been notified. Bert Noterman, proponent, and Rick Sathre, engineer representing the pro- ponents , addressed the proposal , Planning Director Enger stated this request load been reviewed by the Planning Commission at its meetings on May 7, 1984, and again on June 18, 1984. The Commission voted (3-2-0) to approve the preliminary plat and the Guide Plan change subject to the recommendations included in the memo from Enger to the Commission dated June 7, 1984, with the exception of recommendation #2. Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed the request at its Meeting on July 2, 1984, at which time it had voted to recommend approval as per the Planning Staff Report. Bentley asked about the impact of this proposal on the intersection of County Road 4 and TH 169. Director of Public Works Dietz explained how "�- the intersection is proposed to be changed at some time in the future. Juliie suggested the Council include direction to Staff requesting Staff communicate with Hennepin County officials requestinn the County Road 4 roadway be shifted as outlined by Dietz. Redpath said he felt it was a good idea to straighten out that intersection. Oke Martinson, 7312 Franklin Circle, said it would be a good idea to do something at that intersection. Sever Peterson, County Road 4 and TH 169, said he had spoken with 12 neigh- bors and they all agreed this is a good proposal . Penzel called attention to a letter which had been received from Edgar E . Hall in support of the request. (see attached . ) MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-162, amending the Comprehensive Guide Plan. Motion carried unanimously. MOTION: Redpath moved , seconded by Tangen, to adopt Resolution No. 84-163, approving the preliminary plat of Lion 's Tap for Bert Noterman and Lynn Charl- son. Motion carried with Anderson voting "no. " City Council Minutes -4- July 10, 1984 MOTION: Redpath moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement and to request the City Manager to write to Hennepin County relative to the intersection of TH 16Q and r,..-nty Road 4, Motion carried with Anderson voting "no." MOTION: Bentley moved, seconded by Redpath, to reconsider the previous motion, Motion carried unanimously, MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Summary Resolution taking into consideration the recommendations included in the Planning Staff Report dated June 7, 1984, eliminating #2 of the a recommendations; and to instruct City Manager Jullie to write to Hennepin County relative to the intersection of TH 169 and County Road 4, Motion carried with Anderson voting "no. " i B. PRAIRIE KNOLL, by Hestia Homes , Inc. Request for Planned Unit Development District Review and Zoning from Rural to R1-9.5 , with variances, for 60 single family residential units and Preliminary Plat of 24 acres into 60 lots and outlots. Location: northwest quadrant of Valley View Road and Edenvale Boulevard`. (Ordinance No, 47-84-PUD-7-84 - rezoning and Resolution { No. 84-167 = 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. Bryan Nowak , representing Hestia Homes; reviewed the request. Director of Planning Enger stated this request had been reviewed by the Planning Corranission at several meetings. At its June 18, 1984, meeting the Planning Commission voted to recommend approval subject to the recom- mendations included in the Staff Report of May 4; 1984, Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this request at its meeting on July 7 , 1984, at which time it voted to recommend approval . The Commission also recommended approval of the sale of 2.44 acres of park property based on the -fair market value of the property provided the developer agreed to a street assessment and that Outlot D be dedicated to the City. Bentley asked what experience the City has had in the past with selling park property, Lambert said this would be the first time that has occurred. Bentley indicated he was not in favor of selling park property. Anderson asked if this proposal was compatible with the Purgatory Creek Study, Lambert said it was. Anderson asked how much traffic would be added to Valley View Road as a result of this development. Enger said each unit would generate approximately 10 trips per day for a total of 600 trips total . Enger noted this proposal is scheduled to be built over a period of three years at which time the connection of Edenvale Boulevard to the north would be made and would take some of the traffic off of Valley View Road. City Council Minutes -5- 10, 1984 Redpath asked the reason detached garages were included in the project. Nowak said it was the intent of the developer to break up-the streetscape and to maximize the variety within the project. Tangen inquired as to whether or not additional right-of-way would be necessary when Valley View Road is upgraded. Director of Public Works Dietz said a 40' right-of-way has been requested on the north side of Valley View Road, Tangen asked if there would be basements included with these homes , Nowak said full or partial basements are included with each unit. ; Tangen noted the units appeared to be similar in style and asked what variations there were. Nowak said the developer is looking for archi- tectural continuity with. the variety coming via the types of garages, dormers, and trim colors. Tangen asked how small the smallest lot would i be. Nowak said 7 ,000 sq, ft, Tangen asked if this was a new concept as far as zero lot lines are concerned. Enaef- said the Summer Woods project in Edenvale started out as a zero lot line concept but did not end up that way -- there are no developments like this in Eden Prairie at the present time, Tangen noted that the Council is looking at a new type of ` development which is different -- will the Council set a precedent by including this in a PU D and will there now be a flood of proposals before the City as a result of this? Enger said there is another similar type proposal before the Planning Commission now, He did not feel there would any great difference noted in developments where a zero lot line is used and those which have used the standard lot lines in the past. Penzel noted there had been a problem in that some of the adjacent property owners had not been notified of this evenings Hearing, He asked about the validity of tonight's Public Hearing, City Attorney Pauly said the notice had been published and copies of the notice had been mailed to those living within 350' of the proposed development, He added that failure to notify each property owner, when a "good faith" attempt has been made to do so, does not invalidate the Hearing. Enger stated that 352 property owners had been notified; the owners of 13 parcels had not been notified. Penzel asked about the sight distances from the road out of this development with Valley View Road. Enger said the minimum sight distances were met at the Ontario Boulevard - Valley View Road intersection. Redpath asked how the lot sizes in this development would compare with those in the Westover development and Ior were there any projects in the metropolitan area which were comparable to the proposed. Nowak said there were none of which he was aware. David Bowers , 15800 Valley View Road, said he had some problems with the project as proposed, He stated that he was not in favor of the architecture - in particular the pitch of the roofs and the fact that the garages were detached; he said this would not be compatible with the homes in the area which are on xZ acre lots. City Council Minutes -6- July 10, 1984 Cedric Warren, 7324 Franklin Circle, indicated he had not been notified of tonight' s hearing; his property abuts the project, He -asked how the City could assume that the developer would design a hike/bike trail at the present time all that is in the area is a trail , He said he would not advise approval of the development. He related the problems he has had in his backyard due to drainage problems. Dietz said the City will check into the problem. Oke Martinson , 7312 East Franklin Circle, said he is concerned he felt Eden Prairie deserves something better than this proposal . These are spec homes; these are cheap houses and will be the future slums , He , expressed concern about where snow would be .put in the winter, Mary Sampson, 7308 Franklin Circle; said she world like to see the continuity of the area preserved; most of the people in the area ,live on z acre lots. She said this development will intrude on the wildlife , She also noted that the increased traffic on Valley View Road will add to the lead problem found in children Steve Hanson; 15910 Valley View Road t said he was against the proposal because of the increased traffic on Valley View Road, Mike Pehlen , owner of the property, said he had turned down other projects which have been proposed for this property, but he liked this one, He asked the Council to support the proposal , a Bowers asked for a review of the action taken by the Planning Commission . Bentley said this proposal cannot be compared to Westover as Westover was developed as cluster homes and he was not thrilled with the changes which were made there, He stated he would not vote in favor of this proposal as long as any sale of park property was involved; Redpath noted that the reason most of the lots in the area are 31� acre in area is due to the fact that they came to be before there was a City sewer system. Penzel expressed concern regarding the sale of park land and the policy it sets -- he said this must be answered from a principle standpoint, Tangen said he questionned the number of units which should be allowed in this type of development, Anderson expressed concern about the traffic on Valley View Road and the sale of park land necessary for the project. Bentley noted that the developer had not provided adequate lot size transition within the project. MOTION; Anderson moved, seconded by Bentley. to continue action on this request to the meeting of August 7, 1984, to allow the developer to revise the proposal subject to the comments expressed this evening. Motion carried unanimously. City Council Minutes -7- July 10, 1984 C. ST. ANDREW CHURCH. Request for Comprehensive Guide Plan Change from low and nedi um density residential to church for 4.95 acres ; zoning district change from Rural to Public for 1 . 2 acres ; and site plan amend- ment for Church expansion for 3.75 acres. Location: northwest quadrant of Baker Road and Valley View Road. (Resolution No. 84-164 - comprehen- sive Guide Plan Change and Ordinance No. 46-84 - rezoning) City Manager Jul lie stated notice of this Public Hearing had been published and adjacent property owners had been notified. Pastor Rod Anderson, Harold Leiferman , and Fred Hoisington were present to address the proposal . Director of Planning Enger said the Planning Commission had reviewed this request at its June 18, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the June 8, 1984, Staff Report. There was no report from the Parks , Recreation & Natural Resources Commis- sion. There were no comments from the audience. MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-164, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Tangen moved, seconded by Bentley, to give 1st Reading to Ordinance No. 46-84, rezoning. Motion carried unanimously. MOTION: Tangen moved, seconded by Bentley, to direct Staff to prepare an amendment to the Developer' s Agreement for St. Andrew Church as per Commis- sion and Staff recommendations. Motion carried unanimously. D. KURVERS ADD3TION, by Franklin J. Kurvers. Request for zoning district change from Rural to R1-13. 5 and preliminary plat of 2.0 acres into five single family residential lots. Location: east of Highway #101 , north of Autumn Woods, south of Rymarland Camp. (Ordinance No. 47-84 - rezoning, Resolution No. 84-164 - preliminary plat) City Manager Jul l ie indicated notice of this Public Hearing had been published and adjacent property owners had been notified. Mel Kurvers was present to address the request. Planning Director Enger noted this item had been reviewed by the Planning Commission at is meeting on June 18, 1984, at which time it voted to recommend approval subject to the recommendations included in the June 8, 1984, Staff Report. There were no comments from the audience, City Council Minutes -8- July 10, 1984 MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 47-84 -` rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Tangen, to adopt Resolution No. 84-165, approving the preliminary plat of Kurvers Addition for et al . Motion carried unanimously. MOTION: Anderson moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 14416 - 14716 3 MOTION: Bentley moved, seconded by Tangen, to approve the Payment of Claims Nos. 14416 - 14716. Roll call vote: Anderson, Bentley, Redpath , Tangen and Penzel voted "aye. " Motion carried unanimously. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . PETITIONS, REQUESTS, & COMMUNICATIONS A. LEE DATA. Request for review of Environmental Assessment Worksheet finding of no significant impact for expansion of Office portion by 72,000 sq. ft. Location: east of Flying Cloud Drive, south of West ,.. 7Oth Street, (Resolution No. 84-166) MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 84-166, finding the environmental assessment worksheet for Lee Data a private action, does not require an environmental impact statement. Motion carried unanimously. VIII . REPORTS OF OFFICERS, BOARDS, AND COMMISSIONS A. Reports of Council Members Anderson - Stop Signs on Kingston Drive - Anderson stated the mid-block sdop signs on Kingston Drive are unwarranted and a nuisance; he suggested they be removed. MOTION: Tangen moved, seconded by Redpath, to notify Kings Forest resi- dents that the stop signs on Kingston Drive will be on the August 7, 1984, City Council agenda at which time their removal will be discussed. Public Safety and the Engineering Department were advised to review sight distances . and make recommendations as to the safety of the signs. Motion carried unanimously. Tan_gen asked that a progress report be made on stops signs at Edenvale Boulevard and Valley View Road. He said this should be a priority item, City Council Minutes -9- July 10, 1984 Reath - suggested Dean Scheff be commended for following through with the landscaping plan which had been approved for CPT. He noted that CPT' s grounds Look very nice. Tangen - indicated the Council should be looking at the 9.5 zoning classi- fication and should develop some guidelines for Staff as to what should and should not be considered and/or allowed in this district. Enger said he thought this was a good idea; the goal of the 9.5 district was to provide affordable housing in Eden Prairie. - B. R_port of City Manager 1. Woodpile Ordinance - this item was moved to the Consent Calendar as item III . L. and was referred to the Parks , Recreation & Natural Resources Comm-'Ission for its review. C. Report of City Attorney 1. MIDB' s City Attorney Pauly explained and reviewed recent Federal Legislation regarding Industrial Revenue Bonds and the effect this legislation will have on the City. 2. Settlement in The Preserve - Rolfes/Briant City Attorney Pauly recommended the stipulation presented to the Council this evening be approved subject to the changes as outlined by Pauly. MOTION: Tangen moved, seconded by Anderson, to approve the stipulation agreement between Rolfes/Briant as reviewed by City Attorney Pauly, subject to the changes as outlined by Pauly this evening. Motion carried unanimously. 3. Carlson condemnation - off-ramp I-494 and Valley View Road City Attorney Pauly noted the cost of the property which was condemned was $1 .80 per square foot. MOTION: Tangen moved, seconded by Anderson , to authorize Staff to proceed with a settlement in this condemnation proceeding. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye," Motion carried unanimously. D. Resort of Director of Public Works I. Award Contract for Flying Cloud Drive, I .C. 52-064 (Resolution No. 84-173) MOTION: Redpath moved, seconded by Anderson, to award the contract for the improvements to Flying Cloud Drive to Opus Corporation. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. Ci ty Council Minutes -10- July 10, 1984 IX . NEW BUSINESS There was none. I X. ADJOURNMENT MOTION: Bentley moved, seconded by Redpath, to adjourn the meeting at 10:45 p.m. Motion carried unanimously.