HomeMy WebLinkAboutCity Council - 10/16/1984 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, OCTOBER 16. 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
CITY COUNCIL MEMBERS:. Mayor Wolfgang H. Penzel , Richard Anderson, Georg
Bentley, Paul Redpath and George Tanger�
CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant to the Cit
Manager Craig Dawson, City Attorney Roger Pauly,
Finance Director John D. Frane, Planning Director
Chris Enger, Director of Community Services Roger
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. COMMENDATION FOR PUBLIC SAFETY K-9 OFFICERS JANET KOCH, JAMES MATSON & RICK
RABENORT
Mayor Penzel presented Letters of Commendation to Public Safety K-9 Officers
^ Janet Koch, James Matson and Rick Rabenort for their outstanding accommplish-
ments at the recent National Canine Competition in Limas Ohio. Also present
were their dogs Major, Hawkeye and Buck. Director of Public Safety Hacking
introduced Allen Hancock of the Minneapolis Police Department who has helped
with the training of the dogs ; Hackina presented Hancock with a plaque. Penzel
thanked the officers for their work and congratulated them on behalf of the
residents of Eden Prairie.
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Consent Calendar as III . Q. Authorization
of DNR Permit for Anderson Lakes Parkway.
MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other
Items of Business as amended and published. Motion carried unanimously,
III. CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 115-84, amending City Code Sec. 1 .05 relating
to salaries of Mayor and Council members
City Council Minutes -2- October 16, 1934
B. Clerk' s License List
C. SHADY OAK RIDGE by Joseph Ruzic. 2nd Reading of Ordinance No. 112-84,
rezoning from Rural to RM-6.5, approval of Developers Agreement for Shady
Oak Ridge; and adoption of Resolution No. 84-250, approving Summary of Ordin-
ance No. 112-84 and ordering publication of said Summary for Shady Oak Ridge.
11. 5 acres for 36 townhouse units. Location: north of Rowland Road, west
of Old Shady Oak Road.
D. LEARNING TREE/MINNESOTA TREE 2ND ADDITION. 2nd Reading of Ordinance No.
108-84, rezoning from Rural to Commercial-Regional-Service for Learning Tree,
and adoption of Resolution No. 84-273 approving Development Plan for Learning
Tree. 1.07 acres for day care center. Location: southeast quadrant of
Prairie Center Drive and Valle; View Road.
E. Final Plat approval for Research Farm First Addition (Resolution No. 84-278)
F. Change Order No. 1, I .C. 52-064, Flying Cloud Drive Improvements
G. Change Order No. 1, I .C. 52-059, Carmel and Vicinity Improvements
H. Change Order No. 3, I .C. 51-308A, N.E. Quadrant of MCA Roadway System
I . Resolution ordering the preparation of a Feasibility Report for Drainage Im-
provements in the Bluffs West Area, I .C. 52,069 Resolution No. 84-27 —
J . Final Plat approval for Edenvale Industrial Park 7th Addition (Resolution
No. 84-280
K. Final Plat approval for Valli View Manor Homes (Resolution No. 84-263)
L . Final Plat approval for Wilson Ridge (Resolution No. 84-281)
M. Final Plat approval for Minnesota Tree 2nd Addition (Resolution No. 84-282)
N. Reject bids for installation of bridges for Staring Lake Bike Trail
0. Final approval of Municipal Industrial Development Bonds in the amount of
$2,750,000.00 for Portnoy Project Resolution No. 84-287
P. Approval of contract for 1984 LAWCON Grant
Q. Authorization of DNR Permit for Anderson Lakes Parkway
IV. PUBLIC HEARINGS
A. EDEN COMMONS by the Chasewood Company. Request for zoning district change
from Rural to RM-2.5 for 194 multiple family residential units , preliminary
plat of 12,5 acres into one lot, and Environmental Assessment Worksheet
Review. Location: northwest corner of Franlo Road and Preserve Boulevard.
(Ordinance No . 118-84 - rezoning from Rural to RM-2.5;. Resolution No. 84-274
preliminary plat)
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City Council Minutes -3- October 16 , 1984
City Manager Jul 1 i e stated official notice of this Public Hearing had been
published and property owners within the project vicinity had been notified.
Joe Crook, representing Chasewood, spoke to the request.
Planning Director Enger indicated this request had been reviewed by the
Planning Commission at its meetings on August 27, 1984, September 10, 1984,
and September 24, 1984; the hearings before the Planning Commission were
continued each time to allow the proponent to make changes and improvements
to the project. The Planning Commission voted (6-0) to recommend approval
of the request subject to the recommendations included in the Staff Reports
dated August 24, 1984, September 7, 1984, and September 21 , 1984.
Director of Community Services Lambert stated the Parks, Recreation &
Natural Resources Commission had reviewed the request at its meeting on
October 15, 1984, at which time it voted to recommend approval as per the
recommendations included in the Planning Staff Reports. The Parks , Recreation
& Natural Resources Commission also recommended that a tot lot not be included
and requested that a one-year guarantee on all landscaping materials be
included in the Developer' s Agreement.
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Penzel asked what the approved or planned uses are in the vicinity of this
proposal and also about the need for upgrading Preserve Boulevard. Enger
said a Hennepin County Library has been approved for the area due north
of this; on the east there are carriage homes and four-plexes; to the
southeast there is a single family area ; further to the south are the
Winds1ope Apartments . He noted the area due south of this is an approved
area of duplex lots , one is under construction and one has been remodeled
into a duplex. The area to the west is rural property homesteads and is
designated in the Guide Plan as high-density residential . Enger stated
that Preserve Boulevard is being handled currently under a maintenance
program by the City. The capacity of Preserve Boulevard is not a problem
at this time; the intersection with Prairie Center Drive has free right
turn lanes and has the capacity to handle 10,000 cars per day. Director
of Public Works Dietz said the actual up-grading of Preserve Boulevard is
not in the City' s Five-Year Program. An overlay for the road is scheduled
for 1985. Penzel said he felt it would be wise to include improvements to
this road at the same time this project is approved. Bentley noted this is 1
not a standard two-lane road -- it is not full width. He stated there is
no storm sewer in the road which creates problems from time to time. Bentley
stated the opening of the Target store has increased the amount of traffic
on Preserve Boulevard.
Redpa th asked if Bentley was suggesting that Preserve Boulevard be upgraded
from. Prairie Center Drive to Anderson Lakes Parkway. Penzel said that from
a quality of construction standpoint, this roadway was below standard. He
said that Eden Commons would add approximately 1600 trips per day to the
road. He said he thought perhaps the road should be totally upgraded at the
time of the construction of EdCti Co"<nons.
City Council Minutes -4- October 16, 1984
Anderson asked if there would be fireplaces in the units . Crook said
about 35 - 40% of the units would include fireplaces. Anderson asked
if smoke alarms or fire detectors were required. Crook said smoke
alarms are installed in all units . Crook said he did not recall any
problems with fireplaces in any of their units; all fireplaces are in-
stalled according to State and local codes. Penzel asked what type of
chimney maintenance was proposed. Crook said he did not know if there
was a chimney maintenance program as such.
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Penzel inquired about the rationale which went into the request for
additional units as well as the reason for surface rather than struc-
tured parking. Crook said the concept is much looser than that which
had been proposed; there is more open space. Penzel asked how the F
net density of this proposal compared with the net density of the
Hans Hagen units across the street. Enger said the Hagen development
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had 7 units per acre and this would be 15.7 units per acre which would
make it similar to the Shadow Green development.
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Penzel noted a letter of October 16, 1984, from Geisler, Boies and r
Peterson which opposed the request. {
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Lyle Landstrom, 2805 Chowen Avenue South, representing Hennepin County
Property Management, said they would like assurances that the Library
parking lot would not be used as an overflow tot by this development.
Enger said the proposal included two parking spaces per unit which
was felt to be adequate. Penzel asked if some type of barriers might
be put in place which would make it less desirable to walk between
the two developments.
Patricia Pidcock, 8379 Red Rock Road, asked about the provisions for
guest parking. Crook indicated these developments generated 1.3 spaces
per unit; it was his feeling that the 2.0 requirement is excessive , but
he said they are willing to go along with that. He noted that the peak
parking time in units such as these is Sunday evening. Pidcock asked
if the cities referred to had public transportation. Crook said he
thought their developments were located in areas where the residents
were dependent on their own cars for transportation.
Landstrom asked if the City took into account the fact that many Minne-
sotans had boats , recreational vehicles , etc. to store. Enger said
the City has required areas for storage of this nature -- and the City
was finding that, in developments such as this , the areas which had been
set aside for this type of storage were now being used for another purpose.
Management, he noted, is finding it best not to allow parking for this
type of vehicle/use.
Bud Lambert, 2512 Rhode Island, Golden Valley, representing a homeowner
on the western edge of Franlo, asked what kind of improvements would be
necessary to Franlo Road. Dietz said no improvements are contemplated
as the first section of Franlo Road was constructed with this development
in mind.
Cizv Ccfunc i l f'i nutes -5- October 16 , 1984
Bob Dunbar, 11270 Lanewood Circles , President of The Preserve Homeowners '
Association , asked why this proposal had not been brought before the
( Homeowners' Association. Crook said he was not aware of the Homeowners '
Association in The Preserve. Bentley said he felt Dunbar had a very valid
paint. Bentley said there are other impacts here that the proponent is
not aware of -- such as annual dues assessed against each unit as well
as restrictive covenants to the property. Bentley indicated that The
Preserve has the right to review this based on use of The Preserve's
facilities.
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Tangen said there were continued Public Hearings before the Planning
Commission on this development and it seemed to him that someone in
The Preserve should have been aware of that; he said he was surprised
the Homeowner's Association was not watching for things like this.
Anderson asked if all the City's procedures had been adhered to. Enger
said they had. Anderson then inquired whether or not The Preserve Home-
owners ' Association action would have any bearing on the action taken by
the City Council. City Attorney Pauly said the Homeowner's Association 's I
action would be an independent action . Penzel said they could review
the proposal between 1st ands 2nd Readings by the Council .
Doug Reuter, 8750 Black Maple Drive, said the precedent has been "buyer
beware. " He asked about the legality of the covenants and restrictions.
Pauly stated that covenants and restrictions are limitations which "run"
with the land and affect the land and the owners of those lands; they are
enforceable by one of the landowners against another landowner or landowners.
It is usually a matter of private enforcement and private remedy ,if there is
a violation of a covenant or restriction -- the City is not a party to
those agreements.
Dunbar stated he became aware of this matter at 3:30 p.m. this afternoon.
He said he had no idea why no one was at the Planning Commission Public
Hearings on the part of The Preserve. He said he could not figure out
how this had gone through the planning process with no one having asked
if this had been before The Preserve Homeowners' Association. Bentley
said he had always felt there had been a spirit of cooperation on the
part of developers and The Preserve Homeowners' Association; he said he
did not think it would be wrong to give preliminary approval to this
proposal subject to the proponents meeting with the Homeowners ' Associ-
ation. He said he would also like to see a feasibility report on Preserve
Boulevard done.
Bentley asked if this parcel was included in the original PUD for The
Preserve. Enger said he thought it had been. Bentley said he did not
see anything under the review process about PUD review. Enger said this
is a zoning question and not a PUD change request. He sald what should
have been included in the Staff Report was comparisons to the original
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City Council Minutes -6- October 16 , 1984
Crook said they would like to have approval from the Council this evening.
( He said they would like to meet with the Homeowners ' Association; he said
they felt these were two separate matters .
Floyd Sieferman, 6997 Edgebrook Place, asked if the parking spaces were
sheltered. Crook said there is one space per unit of "detached" parking
and one sheltered space (garage) . Sieferman noted that there are more b
buildings than shown on the plan as the garages are not shown.
MOTION: Bentley moved, seconded by Redpath , to close the Public Hearing T
and give 1st Reading to Ordinance No. 118-84, rezoning. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Tanqen, to adopt Resolution No. 84-274,
preliminary plat approval . Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a
Developer' s Agreement taking into consideration the recommendations of Com-
missions and Staff and noting that plantings on the north property line
should include large size evergreens as well as barberry and prickly ash
so the Library parking lot is not used by residents and guests of the Eden
Commons development. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to recommend strongly that the
proponent meet with The Preserve Homeowners ` Association prior to 2nd
Reading of the Ordinance. Motion carried unanimously.
MOTION: Bentley moved, seconded by Penzel , to direct Staff to prepare
a feasibility study for Preserve Boulevard (to widen Preserve Boulevard
to a two-lane facility with storm sewer -- with an improved , soil corrected
roadway. ) Motion carried unanimously.
B. SUPERAMERICA. Request for Zoning District Change from Rural to C-Hwy
and preliminary plat of 1. 35 acres for Service Station/Convenience Store.
Location: southwest quard rant of County Road 4 and Highway 5 . (Ordinance
No. 119-84 - rezoning from Rural to C-Hwy and Resolution No. 84-275 -
preliminary plat)
City Manager Jul 1 ie said notice of this Public Hearing had been published
and property owners within the vicinity had been notified.
Greg Gustafson, attorney for Superamerica, addressed the proposal .
Director of Planning Enger indicated this request had been reviewed by
the Planning Commission at its meeting on September 24, 1984, at which
time the Commission voted to recommend approval subject to the recommen-
dations included in the September 21, 1984, Staff Report and with the
addition that landscaping not interfere with sight lines and not
obstruct signs which have been cons tru;ted b;; ;.rcperty owners to the south.
Enger noted that the September 21, 1984, Staff Report suggests that approval
be based on plans dated August 10, 1984. .
There were no issues of concern to the Parks , Recreation R. Natural Resources
Commission.
City Counci 1 ili nutes -7- October 16, 1984
Redpath inquired about the access to this site. Enger stated that
the only full access would be via Terrey Pine Drive; in the future
there will be a right-in, right-out access off of County Road 4
and a right-in entrance off of Highway 5.
Penzel noted a letter which had been received from Dr . Alston Lundgren
regarding the sign situation.
Dr. Alston Lundgren, owner of adjacent property, said the issue had been
adequately addressed and his objections had been satisfied.
Gerald Anderson, 16506 Terry Pine Drive, said he was concerned about the
median and the increased amount of traffic which might be put onto Terrey
Pine. Enger explained the road system which will be used and the traffic
patterns; he noted the road system was planned with this development in
mind. Enger said signs could be put up which would indicate "children
playing" and there would be directional signs . Director of Public Works
Dietz concurred.
Gerald Anderson said he would like to see traffic into the residential
area discouraged.
Bentley asked what type of screening is proposed. Enger said none is
proposed other than what was put in between Terrey Pine Court and the area
immediately adjacent. Bentley said he felt some should be included.
Patricia Pidcock, 8379 Red Rock Road, asked the size of the Superamerica
sign. Enger reviewed the sign ordinance; Gustafson noted they would comply
with the sign ordinance.
MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing
and to give 1st Reading to Ordinance No. 119-84, rezoning. Motion carried
unanimously.
MOTION: Anderson moved, seconded by Redpath, to adapt Resolution No. 84-275,
approving the preliminary plat of Superamerica. Motion carried with Penzel
voting "no."
MOTION: Anderson moved, seconded by Redpath, to direct Staff to prepare a
Summary Resolution of Approval as per Commission and Staff recommendations
including consideration of reduction in the size of the canopy (this would
be returned to the Council prior to 2nd Reading) including signs to
mark the residential area along Terrey Pine, and cut-off luminar lighting.
Motion carried unanimously.
City Council �1i nutes -8- October 16, 1984
C. PRIMETECH II by Prime Development. Request for Planned Unit Development
District Review of 20.0 acres ; zoning district change from Rural to
Commercial-Regional -Service 1 .0 acre; and preliminary plat of 4.0 acres
into one lot for construction of a day care center. Location: north of
Shady Oak Road , east of City West Parkway. (Ordinance No. 120-84-PUD-9-84
- rezoning from Rural to PUD-9-84-Commercial -Regional-Service; and
Resolution No. 84-276 - 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.
Ron Erickson, architect for the proponent, addressed the request.
Director of Planning Enger noted this had been reviewed by the Planning $
Commission at its meeting on September 24, 1984, at which time it voted
to recommend approval subject to the recommendations included in the
September 21, 1984, Staff Report.
This request was not reviewed by the Parks , Recreation & Natural Resources
Commi ssion.
Penzel asked about the impact of the noise and traffic fumes on the
day care center and the orientation of its play space to the north rather
than to the south. Enger said the play area has a southwest orientation.
He stated that the fumes due to the traffic had to be balanced between the
traffic on the loop road vs. that on Center Parkway,
Anderson asked if infant care would be available. Erickson said there
would be space to 8 - 10 infants.
Penzel asked if a tornado shelter was included. Erickson said he was not
able to respond to that; he noted that they had met all of the requirments
for day care centers but had not come across that particular item. Redpath
stated that had not been required in other day care centers.
Floyd Si eferman, 6997 Edgebrook Place, expressed concern about the loop
road and said he felt that should be completed or a provision made so it
would be completed. Erickson said they would like to coordinate the loop
road with future development in that area.
MOTION: Bentley moved.. seconded by Tangen , to close the Public Nearing
and to give 1st Reading to Ordinance No. 120-84, rezoning. Motion carried
unanimously.
MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 84-276,
approving the preliminary plat of Primetech II for Prime Development. Motion
carried unanimously.
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City Council Minutes -9- October 16 , 1984
MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare
a Developer' s Agreement as per Commission and Staff recommendations ;
and to note that 8 - 10 infant care spaces wi l l be provided in the
day care center and that the road is a temporary access and not a
permanent one -- the 'loop road will be completed at the time of
future development. Motion carried unanimously.
V, PAYMENT OF CLAIMS NOS. 16311 - 16565
MOTION: Anderson moved, seconded by Redpath, to approve the Payment of
Claims Nos. 16311 - 16565. Roll call vote: Anderson, Bentley, Redpath,
Tangen and Penzel voted "aye. " Motion carried unanimously.
VI _ ORDINANCES & RESOLUTIONS
There were none.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
There were none.
'.'III . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Redpath - noted the Aviation Advisory Task Force will meet at Flying
Cloud Airport.
Bentley - asked that the City work towards getting semaphores res installed
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at the intersection of Highway 169 and Prairie Center Drive prior to
the time snow falls. City Manager Jullie said Staff has been talking to
Mn/DOT about getting any underground work done prior to the first frost.
MOTION: Bentley moved, seconded by Anderson, to authorize Staff to
proceed with preliminary underground work. Roll call vote; Anderson,
Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously.
(Cost to be between $5,000 and $10,000. )
B. Report of City Manager
1. Request for a Drroval of site grading for Muirfield
City Manager Jul l ie referred to the October 12, 1984, memorandum
from P1 anni na Director Enger which addressed this request.
Tangen asked if the Muirfield rezoning request would be ready for
2nd Reading at the next Council meeting, Enger noted it would be.
MOTION: Redpath moved, seconded by Tangen, to au thor:ze Stufr *c
issue a grading permit according to City Ordinance and subject to
changes as determined necessary by the City Engineer, prior to 2nd
Reading of Muirfield. Piotion carried unanimously.
C ty 'ounc i 1, Mi nutes -10- October 16, 19F4
2. MIDB Guidelines (continued from 8/28/84)
�. City Manager Jullie said the Development Commission had not
formalized its discussions on this matter. He called attention
to a memorandum of October 11, 1984,. in which general guidelines
were outlined which might be of help.
MOTION: Tangen moved , seconded by Redpath, to receive the recom-
mendations/suggestions as outlined in Finance Director Frane' s memo
of October 11, 1994. Motion carried unanimously.
C. Report of City Attorney
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City Attorney Pauly reviewed what has been done in other metropolitan
communities regarding woodpiles and woodpile ordinances . He suggested
that, should the Council decide to do so, the zoning code be amended to
prohibit woodpiles in the front yard setback. He asked if the Council i
would like to have him proceed with a draft of such an ordinance. 1,
Penzel asked what would happen with a corner lot. Pauly indicated :
some changes might have to be noted in the ordinance to define this .
. Anderson asked if the City had a nuisance ordinance which would take
care of other things such as construction vehicles , trailers , etc.
Pauly said the City does have some restrictions in place regarding
those and he cited them. Tangen asked what might be done when there
was storage alongside a home -- in the side yard setback.
Bentley expressed concern that the City proceed very carefully in this
area -- he said the only major problem of which he was aware was with
storage in the front yard setback.
MOTION: Bentley moved , seconded by Anderson, to direct the City Attorney
to put together an amendment to the City Code to be brought back to Staff
and City Council for review. Motion carried unanimously.
Penzel asked City Attorney Pauly to direct a communication to Bob
Mavis regarding what Staff and City Council have done regardi my this
matter and what action is to be taken.
D. Report of Director of Public Works
1 . Award contract for CSAH 1 & 18 Utility Improvements , I .C. 52-062
TResolution No. 82-284
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
82-284, accepting the bid of S. M. Hentges & Sons for I.C. 52-062,
for utility improvements on County Road No. 1 . Motion carried unani—
mously.
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City Council Minutes - 11- October 16, 1984
2. Award contract for Eden Road and Sin letree Lane Improvements ,
I .C. 52-011A & B Resolution No. 84-285)
MOTION: Anderson moved, seconded by Penzel , to adopt Resolution No.
84-285, accepting the bid of Northdale Construction Company for I .C.
52-001A (Eden Road) and I.C. 52-001B (Singletree Lane. ) Motion
carried unanimously.
3. Award contract for Lime Sludge Hauling, I .C. 52-063 (Resolution No.
84-283
MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No.
84-283, accepting the bid of Stanley E. Pond for I .C. 52-068 for
lime sludge hauling. Motion carried unanimously.
IX. NEW BUSINESS
There was none.
X. ADJOURNMENT
. MOTION: Bentley moved, seconded by Redpath, to adjourn the meeting at 10:35
p.m. Motion carried unanimously.
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