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HomeMy WebLinkAboutCity Council - 11/06/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 6, 1984 8:00 PM, SCHOOL ADMINISTRATION BOARDROOM F COUNCIL MEMBERS: Mayor Wolfnana H. Penzel , Richard Anderson, George Bentley, Paul Redpath & Georpe Tanaen CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the I City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I. COMMENDATION FOR PUBLIC SAFETY CAPTAIN KEITH WALL FOR BEING SELECTED OUTSTANDING CIVIL DEFENSE DIR€CTOR ( Mayor Penzel read the letter of commendation which he then presented to Captain 4 Keith Wall who was recently honored as the outstanding Civil Defense Director in the nine-county Twin City Metropolitan area. Also present was Director of Public Safety Hacking. q II. MINUTES 4 A. Minutes of the City Council Meeting held Tuesday, August 7, 1984 I MOTION: Redpath moved, seconded by Tanaen, to approve the Minutes of the City Council Meeting held August 7, 1984, as published. Motion carried unanimously. B. Minutes of the Ci ter Counci 1 Meeting held Tuesdays August 28, 1984 page 5, para. 3, line 1: change "said he felt" to "questioned whether". City Attorney Pauly asked that it be noted the portion of the minutes relating to the David Brown appeal (page 13) are a summary of the testimony on that matter and additional facts are set forth in the summary of evidence (III. P. on the Agenda) . There was a transcript made of the proceedings of .that appeal . City Council Minutes -2- November 6 , 1984 page 3, para. 9, last line: change "that has not happened." to "he had not heard any evidence to that effect. " MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, August 28, 1984, as amended and published. Motion carried unanimously. C. Approval of Agenda And Other Items of Business The following items were added: IX. B. 2. Bentley - Load limits on Prairie Center Drive and IX. B. 1. Round Lake Water Level . MOTION: Tangen moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. a III . CONSENT CALENDAR A. Request for donation of Community Center Membership for Cahill Silent Auction B. Authorize to advertise for bids for tractor with loader C. Approve Riley-Purgatory Creek Watershed District Agreement with Chanhassen_ and Eden Prairie on Lake Riley Study D. Approval of Lake Region Mutual Aid with Loretto Volunteer Fire Department f E. Change Order #2 Flying Cloud Drive Improvements , I .C. 52-064 _. F. Agreement with Hennepin County for Federal-Aid Highway Improvement, CSAH 62 Resolution No. 84-297 G. Final Plat approval for Primeland 2nd Addition (Resolution No. 84-298) H. Resolution accepting Land Gift in the Westwood Industrial Park (Resolution No. 84-299 I . Resolution authorizing preparation of a Feasibility Report regarding the reconstruction of Preserve Blvd. between Prairie Center Drive and Anderson Lakes Parkway, I .C. 52-074 Resolution No. 84-301 J. MUIRFIELD by Tandem Corporation/TCF Development Corporation. 2nd Reading of Ordinance No. 116-84-PUD-10-84, zoning district changes from Rura] to R1-13.5 for approximately 11.0 acres and from Rural to R1-9.5 for approxi- mately 25 acres, approval of Developer's Agreement for Muirfield, and adop- tion of Resolution No. 84-289 approving Summary of Ordinance No. 116-84- PUD-10-84 and ordering publication of said Summary of Muirfield. 106 single family lots. Location: north side of Valley View Road, west of Park View Lane. K. EDEN COMMONS by the Chasewood Company. 2nd Reading of Ordinance No. 118-84, zoning district change from Rural to RM-2.5; approval of Resolution No. 84-290, approving Development Plans for Eden Commons. 196 multiple family residential units on 12.5 acres. Location: northwest corner of Franlo Road and Preserve Boulevard. City Council Minutes -3- November 6, 1984 L. SUPERAMERICA. 2nd Reading of Ordinance No. 119-84, zoning district change from Rural to C-Hwy and adoption of Resolution No. 84-291, approving Development Plan for Superamerica. 1.35 acres for Service Station/Con- venience Store. Location: southwest quardrant of County Road 4 and Highway 5. M. PRIMETECH II by Prime Development. 2nd Reading of Ordinance No. 12-84 U�9-84, zoning district change from Rural to Commercial-Regional-Service, ' approval of Developer' s Agreement for Pri metech 11 , and adoption of Reso- 1 ution No. 84-292 , approving Summary of Ordinance No. 120-84-PUD-9-84, and ordering publication of said Summary of Primetech II. 1.0 acre for construc- tion of a day care center. Location: north of Shady Oak Road, east of City West Parkway. N. Approval of Snowdri fters State Grant for Trails (Resolution No. 84-302) i 0. Clerk' s License List P. Summary of Evidence, Findings and Conclusions, and Order Re: David Brown Request for Variance No 84-19 Q. BLUFFS EAST 3RD ADDITION by the Bluffs Company. 2nd Reading of Ordinance No, 107-84, zoning district change from Rural to' R1-13 .5 for 9.63 acres, approval of Developer' s Agreement for Bluffs East 3rd Addition, and adop- tion of Resolution No. 84-288, approving Summary of Ordinance No. 107-84 and ordering publication of said Summary. 9.63 acres for 29 single family lots. Location: west of Franlo Road, south of Lee Drive. i City Attorney Pauly noted that a transcript was made of the proceedings regarding item P. on the Consent Calendar. Pauly noted that the attorney for David Brown has requested a rehearing on the matter. Penzel called attention to a letter from The Preserve Assocation relating to item K. on the Consent Calendar. MOTION: Redpath moved, seconded by Anderson, to adopt items A - Q on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. EDEN PRAIRIE APARTMENTS by David Ames. Request for zoning district amend- ment within RM-2. 9 D s tri ct and Preliminary Plat of 6.47 acres for 108-unit apartment building. Location: north of Valley View Road, west of Edenvale Golf Club (Ordinance No. 122-84 - zoning district amendment within RM-2.5 district and Resolution No. 84-293 - preliminary plat) City Manager Jul l ie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. City Council Minutes -4- November 6, 1984 David Ames, proponent, addressed the proposal . �nPlanning Director Enger stated the request had been reviewed by the Planning Commission at its meeting on October 15, 1984, at which time the Commission voted (4-1-1) to recommend approval subject to the findings contained in the October 11, 1984, Staff Report as amended. The Commission also recommended that Staff be asked to look into the reasons for the validity of not charging cash park fees for Eden vale and The Preserve. Directcr ^f Public Works Dietz indicated the need for additional right-of- way for Valley View Road and suggested that be an additional requirement or condition of approval of this request. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting un November 5, 1984, at which time it voted to recommend approval subject to the recom- mendations included in the Planning Staff Report of October 11, 1984. 4 Lambert noted that the Commissions ' recommendation for approval did not i necessarily mean that the road should be extended through the golf course. Bentley asked Enger to review the question of the location of the road through the golf course. Enger reviewed the plans for the extension of Golf View Drive and noted that it had not been determined whether or not that concept was still valid. Penzel stated that the residents who would be affected by such an extension had not been notified of tonight' s Public Hearing; he indicated that any consideration of such a road connection would have to be considered by the Council at another date. Redpath said it was his understanding that the golf course would always be open space and would not be subject to development. Enger said the City's rights are to look at the original concept and the original PUD. Penzel said the intention of the City at the 'time Edenvale was approved was that the golf course would remain as open space. This question was referred to City Attorney Pauly for further review. Pauly said to give an opinion with any validity would require that the documents be reviewed. Anderson expressed concern about the traffic on Valley View Road and the access to the remaining undeveloped property north and west of the property under discussion. Redpath said he would just as soon not see Golf View Drive extended through the golf course. Penzel said he would suggest that Planning Director Enger be directed to review the road access and that a review be done by City Attorney Pauly regarding the status of the golf course itself. The architect for the project reviewed the rationale for the building' s design and indicated how measures had been taken to preserve the site. C City Council Minutes -5- November 6, 1984 Penzel expressed concern regarding the massing which would be visible to the homeowners to the north and east. Anderson stated that Valley View Road cannot handle the volume of traffic which is on it now and questioned the reasonableness of increasing the amount of traffic which must use that road. a Dietz indicated that improvements to Valley View Road are scheduled for 1987; he noted the primary problems are with the railroad bridge. Dietz said that 80% of the projected trips from this building are proposed to go to the east and would not significantly contribute to the existing _problems which are largely to the west of the proposal . Dietz stated i there will be signals installed at the railroad underpass this Fall . John Finch, 14124 Forest Hill Road, stated there is no way to know the impact of the Village Greens' traffic on Valley View Road yet. He said it takes 30 minutes to get from his home to the Community Center at 5 p.m. He asked that the Council withhold approval on this request until the effect of what is now under construction along Valley View Road is com- pleted. He indicated the quality of 1 i fe is changing because of the number of apartment buildings in Eden Prairie. George May, attorney representing the Edenvale Golf Club, said there is a question regarding the safety of the children who will be playing in the area bordering the golf course and asked the Council to place a con- dition on the request -- that the proponent be required to build a fence along the property line so the children will not be on the golf course. Jo Wigen, 7000 Kingston Drive, requested the City notify residents of Golf View 6th Addition regarding future hearings relating to this proposal as well as the extension of Golf View Drive. Pat Lenninger, 14355 Golf View Drive, said he concurred with the comments made by fi nch. He stated he does not want to see the street or roadway, which will go into the proposal, named Golf View Drive, Tangen asked what the present density was in Edenvale. Enger said it is about one third of what had originally been planned. Finch said the City is operating from a plan which is about ten years old and indicated it might be time to update the Guide Plan. Penzel noted that the City' s commitment to the Edenvale Plan had been demonstrated because Edenvale was not included in the last update which was done. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 122-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No, 84-293, preliminary plat approval , including the reconmendat'ion regarding the dedi- cation of additional right-of-way for Valley View Road and that the roadway into this development be renamed. Motion carried with Anderson vnting "no." C City Council Minutes -6- November 6, 1984 Anderson indicated the reason for his vote was due to his concern about the traffic conditions on Valley View Road -- a concern he has expressed all along. Bentley said that he agreed with Anderson and had requested that Valley View Road be placed on the Capital Improvements Program sometime during the next five-year period. Bentley noted that the City is still awaiting approvals from the railroad and that a feasibility study is in the works -- the question will come to down to money. Anderson posed the question, "When do we stop adding traffic to Valley View Road before we fix the Road?" Redpath said the feasibility study should in- elude a large area which will then be assessed to pay for the Road. Y MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer' s Agreement per Commission and Staff recommendations and noting the following: additional screening be worked out on the east and north portions of the building, that suitable fencing or a suitable boundary be worked out prior to 2nd Reading, and that the street name into this proposal be changed. Motion carried with Anderson voting "no." MOTION: Bentley moved, seconded by Redpath, that a statement of intent be adopted whereby this City Council indicates a road through the golf course is not necessary and that, if necessary, a road to the west be constructed to provide access to the property to the north and northwest of that under discussion. Tangen indicated he would vote "no" on the motion because it puts restraints on what another City Council might do. He said he felt it was premature to rake this decision. Bentley said this is a statement of intent and is not legally binding. He said this would put other developers on notice and would have them look at other ways of getting in and out of that property. Penzel said he felt this would be an unwise action to take; it creates an illusion to those here tonight that might be misleading and which might be changed. VOTE ON THE MOTION: The motion was defeated: Bentley and Redpath voted "yes" ; Anderson , Tangen and Penzel voted "no." Anderson said he is opposed to crossing the golf course with a road; he concurred with the statements by Tangen and Penzel . MOTION: Anderson moved, seconded by Tangen, to request City Attorney Pauly to look at the status of the golf course, to direct Planning Director Enger and Director of Public Works Dietz to look at the location of potential railroad crossings to the north and the west. Motion carried unanimously. City Council Minutes -7- November 6, 1984 B. COMPUTER DEPOT by Wilson Ridge Joint Venture. Request for zoning district amendment within I-2 zoning district for Office/Warehouse use i on 5.42 acres. Location: north Valley View Road east of Hi hway #169 (Ordinance No. 121-84 - zoning amendment within I-2 District s City Manager Jullie stated notice of this Public Hearing had been pub- lished and property owners within the project vicinity had been notified. Dennis Doyle, Welsh Construction; Dan Russ , Welsh Construction; and Darrell Anderson, architect, were present and addressed various aspects of the request. Director of Planning Enger said this request had been reviewed by the Planning Commission at its meetings on September 24, 1984, and October 15, 1984, at which time the Commission voted (5-0) to recommend approval subject to the recommendations included in the October 12, 1984, Staff Report. Director of Community Services Lambert said this request had not been reviewed by the Parks, Recreation 8 Natural Resources Commission. Penzel asked what types of planting would be used to screen the loading docks. Darrell Anderson said the dock would be naturally depressed; 6' conifers would be used for further screening. Bentley asked about the building materials to be used. Enger explained there would be four separate materials -- those most in question were the cement board panels and the porcelain-coated metal panels. Darrell Anderson further addressed the materials. Penzel asked if these were. allowed under the Building Code. Enger said he did not feel one of the products was clearly permitted. Bentley asked about the relative cost of the material . Darrell Anderson said' the panels were comparable or a bit more expensive than brick. Tangen asked if variances would be required to allow the use of these materials. Enger said he thought it would be within the realm of the Council to appr6ve these materials. Darrell Anderson indicated the metal panels are available in 600 standard colors. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 121-84. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare a Developer' s Agreement per Commission and Staff recommendations; final determination of exterior materials will be determined prior to 2nd Reading. Motion carried unanimously. a r i City Council Minutes -8- November 6, 1984 C. DIGIGRAPHICS SYSTEMS CORPORATION by Welsh Construction. Request for Comprehensive Guide Plan Amendment from Office to Industrial for 5.75 acres; Planned Unit Development Concept Amendment Planned Unit Development District Review and Zoning District Change from Rural to I-2 for 5.75 acres. for a corporate headquarters, office, research, assembly, storage facility. Location: northeast quadrant of Valley View Road and Highway 169 (Reso- xi luation No. 84-294 - Comprehensive Guide Plait Amendment from Office to Industrial and Ordinance No. 123-84 - zoning district change from Rural to I-2) City Manager Jul l i e stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Paul Dunn, project manager for Welsh Companies; Darrell Anderson, architect; and Damon Farber, landscape architect, addressed the request. Director of Planning Enger indicated the Planning Commission had reviewed this proposal at its meetin s on October 15, 1984, and October 29, 1984, at which time it voted (4-03 to recommend approval subject to the recom- mendations included in the Staff Report dated October 26, 1984, and subject to plans dated October 26, 1984. Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on November 5, 1984, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and those included in the November 1, 1984, Supplementary Staff Report. The Commission had discussed the trail corridor at 1 enoth. Anderson asked who would pay for the trail, Lambert said the City would. Anderson asked who would conduct the tree inventory for the City. Enger said the Planning Department would be 'responsible for that. Anderson asked about the creek Crossing. Director of Public Works Dietz indicated there is a box culvert now under construction. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-294, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to give 1st Reading to Ordinance No. 123-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations. Motion carried unanimously. Redpath said he thought Staff and Welsh representatives should be commended for their work on this proposal . Tangen said he thought it was nice to see a development come in as proposed and said he appreciated the sensitive treatment given this area. City Council Minutes -9- November 6, 1984 i Enger called attention to a letter dated November 5, 1984, from Brad Bainey, Welsh Construction Corp. , which asked that permission be granted so the Digigraphic's site could be graded prior to 2nd Reading and prior to formal issuance of a "regular" grading permit. (Letter attached. ) a MOTION: Bentley moved, seconded by Redpath, to allow grading to take place as outlined in the November 5, 1984, letter from Brad Bainey of Welsh Construction Corporation. Motion carried unanimously. D. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF 3,800,000 FOR DIGIGRAPHICS Resolution No. 84-303 City Manager Jul 1 ie i ndirated notice of this Public Hearing had been published and that the proponent had requested this be continued. MOTION: Bentley moved, seconded by Redpath, to continue action on this item to the December 4, 1984, meeting of the City Council . Motion carried unanimously. E. CITY WEST BUSINESS CENTER PHASES III & IV by Ryan Construction. Request or Planned Unit Development Concept Amendment of City West Planned Unit Development, Planned Unit Development District Review of 15.91 acres and Zoning District Change from Office to I-2 for 12. 63 acres, and prelimin- ary plat of 12.63 acres into two lots. Location: north of Shady Oak Road and west of City West, Parkway (Resolution No. 84-295 - Planned Unit De- velopment Concept Amendment to City West PUD; Ordinance No. 124-84-PUD-11-84 PUD District and Zoning from Rural to I-2; and Resolution No. 84-296 - preliminary plat) City Manager Jul l ie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Pat Ryan, vice president of Ryan Construction, reviewed the proposal . Planning Director Enger stated this request had been reviewed by the Planning Commission at its meetings on October 15, 1984, and October 29, 1984. The Commission voted (4-0) to recommend approval subject to the recorxnendations included in the October 12, 1984, and October 26, 1984, Staff Reports. This request was not reviewed by the Parks, Recreation & Natural Resources Commission. Bentley asked if office zoning would be more appropriate here.' Enger said light assembly is not permitted in the the office zone and therefore was not appropriate. Redpath said the Council should discuss a . high-rtech zoning classification with the Planning Commission, City Council Minutes -10- November 6, 1984 MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-295, approving the City West Business Center Phases III and IV Planned Unit Development Concept Amendment to the City West Planned Unit Development Concept. Motion carried unanimously. i MOTION: Tangen moved, seconded by Anderson, to give 1st Reading to Ordinance No. 124-84, rezoning. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 84-296, approving the preliminary plat of City West Business Center, Phases III & IV, for Ryan Construction; and to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations . Motion carried unan- imously. F. RIGHT-OF-WAY VACATION ADJACENT TO EDENVALE 9TH ADDITION (Resolution No. 84-300 City Manager Jullie indicated that notice of this Public Hearing had been published. Director of Public Works Dietz stated that the City will receive new right-of-way for the future Valley View Road railroad crossing in return for the vacation of the right-of-way under discussion. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-300, vacating the right-of-way for Valley View Road in Edenvale 4th Addition, Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 16566 - 16859 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 16566 - 16859. 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. VIII . APPOINTMENTS A. Appointment of member to the Historical & Cultural Commission to fill an unexpired term to 2/28186 MOTION: Redpath moved, seconded by Anderson, to appoint Mrs. Gayle Olson as a member of the Historical & Cultural Commission to fill an unexpired term to 2/28/86. Motion carried unanimously, City Council Minutes -1I- November 6, 1984 IX. REPORTS OF OFFIC€RS, BOARDS & COMMISSIONS �. A. Reports of Council Members 1. Set date for Joint Meeting with Planning Commission MOTION: Anderson moved, seconded by Bentley, to set a Joint Meeting of the City Council and Planning Commission for 7:30 p.m. , Tuesday, December 12, 1984, in the School Administration Boardroom, 8100 School Road. Motion carried unanimously. 2. Bentley - Load limits on Prairie Center Drive Bentley asked if load limits might be implemented on Prairie Center Drive. City Manager Jullie said it is rather difficult to remove truck traffic from State Aid routes. MOTION: Bentley moved, seconded by Redpath, to direct Staff to look into this matter. Motion carried unanimously. B. Report of City Manager 1. Round Lake Water Level Penzel and Director of Public Works Dietz reviewed the high-water si tuati MOTION: Redpath moved, seconded by Bentley, to authorize Staff to rent a pump (up to $4,000 expenditure) to lower the lake level at Round Lake. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously, C. Report of City Attorney There was none. X. NEW BUSINESS There was none XI. ADJOURNMENT MOTION: Tangen moved, seconded by Anderson, to adjourn the meeting at 11:15 p.m. Motion carried unanimously.