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HomeMy WebLinkAboutCity Council - 12/04/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL h. TUESDAY, DECEMBER 4, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM CITY COUNCIL MEMBERS: Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen r CITY COUNCIL STAFF: City Manager Carl J. Juilie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Works Eugene A, Dietz, and Recording Secretary Karen Michael A INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: Councilman George Tangen was absent. 1 . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. E. .. .and aRproval of Special Assessment Agreement regarding Prairie Kno 1 ; III . G. 2nd Rea ino of Ordinance No. 127-84, imr!osin a fee—upon o erators facilities for mixed municipal solid waste (amending City Code Chapter ; and VII . B. Re uest for grading p an revision regarding Woodlawn Heights Addition, The following item was removed from the Consent Calendar as item III . A. to VI . A. 2nd Reading of Ordinance No. 121-84, zoning district change within the-T-2 District for 5.4Z acres approval of DeveloRer's AQreenent or Corn uter Depot, and adoption of Resolution No. 84-311 approving Surnmany of Ordinance No. 121-84 and ordering ublication of said Summary or Computer Depot. Location: north of Valley View Road, east of Highway #169. MOTION: Bentley moved, seconded by Redpath , to approve the Agenda and Other Items of Business as amended and published ' Motion carried unanimously. II . MINUTES A. Regular City Council Meeting held Tuesday, September 18, 1984 page 11, para. 6, line 2: change "later" to "sor7etimes" MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held September 18, 1984, as amended. Motion carried unanimously. i ' City Council Minutes -2- December 4, 1984 B. Special City Council Meeting held Tuesday, September 25 , 1984 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held September 25, 1984, as published. Motion carried unanimously. III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 121-84, zoning district change within the I-2 District for 5.42 acres , approval of Developer's Agreement for Computer Depot, and adoption of Resolution No. 84-311 , approving Summary of Ordinance o. 1 1- 4 and ordering publication of said Summary or Computer Depot. ocL 'atio north of Valley View Road, east of Highway #169. - to VI . A. B. Accept bid for tractor and snowblower C. Clerk's License List D. Final Plat approval for Carmel 2nd Addition (Resolution No. 84-312) E. Final Plat approval for Prairie Knoll and approval of Special Assess- ment Aareement regar ing rairie Knoll (Resolution No. 4-313 F. Final approval of Municipal Industrial Development Bonds in amount of 2,050,000.00 for McGlynn Bakeries (Resolution No, 4-315 G. 2nd Reading of Ordinance No. 127-84, imposinS a fee upon o erators of acilities for mixed municipal solid waste (amending City Code Cha ter 5) MOTION: Bentley moved, seconded by Anderson, to adopt items B - G on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $3,800,000.00 FOR DI IGRA HICS (Resolution No. 84. 03 - continued from 11/6j84 City Manager Jullie noted that the proponents have withdrawn their request because other financing has been arranged. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to deny the request pursuant to withdrawal at the request of the proponent. Motion carried unanimously. B. BLUFFS EAST 3RD ADDITION by The Bluffs Company. Request for zoning district change from R1-13.5 to R1-9.5 for 9.63 acres for 29 single family lots. Location: west of Franlo Road, south of Lee Drive. (Ordinance No. 128-84 - amending Ordinance No. 105-84 - rezoning from R1-13.5 to R1-9.5) - continued Public Hearing from November 20, 1984. City Council Minutes -3- December 4, 1984 City Manager Jullie stated this item was continued from the November 20, 1984, meeting. Notice of the Hearing had been published and property owners within the project vicinity had been notified. t Wally Hustad Jr. addressed the request. Also present was Ron Dahlen, representing Argus Development. Planning Director Enger indicated this request had been reviewed by the Planning Commission at its meeting on October 29, 1984, at which time it voted (4-1) to recommend approval . Director of Public Works Dietz spoke to his memorandum of November 29, 1984, in which he addressed the events surrounding the erosion problem in the Bluffs East 3rd Addition area. Dietz noted the ultimate solution at the south end of the project would be to final design and .construct permanent sedimentation/detention facility in the general vicinity of the existing temporary pond and to final design and construct approxi- mately 1200 feet of storm sewer from the pond along the flow line of the ravine to the Creek. Bentley said he had difficulty finding justification for this request. He said he wondered if the true purpose will be accomplished by it will it give a more crowded look since there would be larger homes on smaller lots. Enger stated the lots do meet the 13. 5 category in area but do not have the width necessary on which to build a 13.5 size home. He said the rezoning of 29 lots could have gone before the Board of Appeals but Enger said he felt this was a rezoning rather than a variance, He said he would prefer to see the transition from 13.5 to 9.5 done along back lot lines rather than across the street from each other. Bentley asked about the legality in changing the platting. Enger said it would be similar to changes in other agreements. Bentley said he felt this was a platting problem and not a zoning problem -- that this was an attempt to replat through zoning. Enger said a number of options had been considered including: dropping a lot or two, going to the Board of Appeals for a variance, or rezoning -- aad this was thought to be the proper procedure. Penzel said the premise of the 13.5 district was to provide for more open space between houses. He said he felt that what would happen with this request was there would be very wide houses on narrow lots. Enger noted the Planning Commission had concerns similar to those expressed by the Council. Enger said the property had been platted by the developer and it was the builder who was now wanting the change. He asked if it was a realistic situation to have 55' lots across from 85' lots. Dahlen said the idea was for this to be a transition area. He said he did not want to come out of this with something which would be difficult to sell ; this was an unusual situation, City Council Minutes -4- December 4, 1984 Bentley suggested the City check with the Watershed District regarding the drainage problem, He said he expected they would say there could be no further development in this area until the problem was corrected. Dietz said the City had communicated with the Watershed District and that was , indeed , what they suggested. Dietz said that, according to the Watershed District, Hustad agreed to do that. Hustad stated that Bluffs East 3rd was not included in that agreement with the Watershed District. Anderson said he felt the City Council had an obligation to a correct the problems in this area before any more development occurs. Redpath asked if the same drainage problems would occur with future development to the west of this area. Dietz said there are permanent ponds on those properties. Redpath said there are homes to the south of the Rei chow property , within the Bluffs East development, which have mud in their basements when it rains. Hustad indicated there is a question regarding that as to whom is liable. Hustad said the paving of the Rei chow driveway added to the problem; he would like to see that problem corrected shortly. Anderson said he felt the City had an obligation to resolve the drainage problems in this area. Bentley said the only control the City had left was with the issuance of building permits -- does the City have the right # to withhold a building permit until the situation is rectified? City Attorney Pauly said the City does have some obligation because it is a part of the development process. There was further discussion, with Dietz reviewing "locations using � maps , of the problem with the drainage and where the most erosion had occurred. Dietz said he felt the letter of September 24, 1984, from Wallace Hustad, Jr. , re: Bluffs East Third Addition Storm Sewer, indi- cated a commitment to a permanent solution along with the next phases of this property. Penzel asked if that letter would assure the City that The Bluffs Company would defer the cost of this pipe. City Attorney Pauly said he felt it indicated there would be assessment against lots which were already developed; he did not feel it stated which would be the benefited properties. Hustad said the pipe would be installed, but he did not know who would pay for it. Redpath said the way he read the letter he felt that those who would be in the area yet to be developed would be the ones assessed for the costs . Hustad said there are other contributing factors here -- largely the lots to the north. Penzel said the commitment to provide the cost of drainage from that acreage existed with the development of that area. This was planned for. Since this development has occurred in an orderly fashion -- sequentially from the north to the south -- and done by the same proponent and based on what previous conxnitments existed, one would assume the proponent has made 'appropriate provisions for taking care of the problem once he gets to the south end. Now we find out that might not be the case and the cost might be $100,000. Penzel said the question now is who is ultimately going to pay for this. Hustad said The Bluffs Company is trying to everything it can to resolve this -- he indicated the developer relies on the City for expertise particularly in the area of engineering. Dietz noted the engineering plans are the responsibility City Council Minutes -5- December 4, 1984 of the developer via his engineer. Dietz stated that he had requested the proponent clarify the situation with the Third Addition along with a preliminary design for an outfall from that area -- how it was going to be done and who was going to pay for it. Redpath said the fact is the drainage has been altered in that area one only has to go into the area to see what has happened. Bentley said he felt a decision could be based- on what the proponent was willing to commit to. Hustad said he felt there should be some type of facility installed to correct the problem. Penzel asked if The Bluffs Company would be willing to put up a $125,000 bond and let the engineers do the work. Hustad said it is a legal matter now and not something he could do. Anderson said he had walked the area prior to any development and had done so again recently. He said he felt something should be done very quickly about the erosion problem. Redpath asked Enger to restate the recommendation of the Planning Commis sion. Enger said the Commission had recommended the lots with Purgatory Creek frontage not be rezoned to 9.5 but be retained as 13.5 and that the rezoning on the balance of the lots be conditioned on no futher subdivision of those lots. Anderson asked if this was part of the conservancy area. Enger said it was. Redpath asked if the drainage issue could be tied into the request under consideration. Pauly said he did not think there was any plan which was `- definite enough and it would be quite difficult to do this. Bentley said he felt there was a lot of nebulousness regarding this issue; he did not feel this was ready for resolution at this time. MOTION: Bentley moved, seconded by Anderson, to continue this Public Hearing to December 18, 1984. i Pauly asked if the time would be realistic. Bob Robertson, RCM, said a preliminary plan had been submitted but final plans had not been drawn. He further noted that the concept plan has been approved by City Staff and the Watershed District. He indicated this would be ready for construc- tion next season. Penzel asked when final " plans would be ready for Council review. Robertson said they could be ready in a month. Bentley said the Council would have an idea on the 18th as to when the Hearing should be continued, VOTE ON THE MOTION: Motion varied unanimously. City Council Minutes -5 December 4, 1984 C. AXEL DENTAL OFFICE by Richard C. Axel , Request for zoning district change within Office District for a Dental Office and preliminary plat of 0.9 acres for one lot. Location: southwest quadrant of Highway #5 and County Road#4. (Ordinance No. 129-84 - amending Ordinance No. 82-03 within Office zoning district and Resolution No. 84-309 - approving pre- liminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Richard C. Axel , proponent, addressed the request. Planning Director Enge r noted the Planning Commission had reviewed the request at its meeting on November 13, 1984, at which time it voted (5-0) to recommend approval subject to the recommendations included in the Staff Report dated November 9, 1984, and with the suggestion that this should be brought back to the Planning Commission should the site plan change significantly in an effort to comply with the thirty foot setback from the street. This item was not reviewed by the Parks, Recreation & Natural. Resources Commission. Penzel asked about the road connection which at one time was comtemplated to be. Enger stated an easement provides cross-access to the lot to the north. Axel said there is an easement agreement in place and it is intended r that will be put in. Penzel asked about the wood exterior of the building. Axel explained how patients react to various building types ; he said he did not want to pro- ject a sterile image. Redpath said one less brick building might not be bad. Axel noted the Planning Commission felt it could not send a recom- mendation to the Council approving of wood, but the Commission indicated it had no objection to wood. MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 129-84, rezoning, Motion carried unanimously. MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No. 84-309, ,approving the preliminary plat of Axel Dental Office for Richard C. Axel . Motion carried unanimously. MOTION: Anderson moved, seconded by Redpath, to direct Staff to prepare an amendment to the prior Developer's Agreement relating to prior Ordin- ance No. 82-103 as per Commission and Staff recommendations as well as those of the Council . City Council Minutes -7- December 4, 1984 Bentley said he questionned the exterior material and noted he would feel much better about it if the exterior were basically of brick with wood accents . Anderson stated there were some nice combinations of brick and wood buildings in the City already and he felt a little brick on the building would be good. } Redpath said he supported the wood building. VOTE ON THE MOTION: Motion carried unanimously. D. CHRIST LUTNERAN CHURCH. Request for zoning district amendment within 3 ub is District for Church expansion on 2.78 acres. Location: 7800 Carnelian Lane. (Ordinance No. 131-84 - amending Ordinance No. 78-33 within Public Zoning District) City Manager Jullie indicated notice of this Public Hearing had been published and property owners within the area had been notified. Wayne Jeske, architect for the proponent, spoke to the request. Planning Director Enger stated this request had been reviewed by the Planning Commission at its November 13, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the November 9, 1984, Staff Report. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 131-84 , zoning amendment. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare an amendment to the prior Developer's Agreement relating to prior Ordinance No. 78-33 as per Commission and Staff recommendations. Motion carried unanimously. E. LAKE HEIGHTS 2ND ADDITION by lake Heights Ventures. Request for zoning district change rom R -6. 5 to R1-13.5 and preliminary plat of 1.85 acres into four single family residential lots. Location: southeast quadrant of Homeward Hills Road and Anderson Lakes Parkway. (Ordinance No. 130-84 - amending Ordinance No. 79-04 changing zoning district from RM-6.5 to R1-13. 5 and Resolution No, 84-310 - preliminary plat) City Manager Jullie indicated notice of this Public Hearing had been published and property owners within the project vicinity had been notified C City Council Minutes -8- December 4, 1984 r Steve Ryan, representing the proponent, addressed the request. Director of Planning Enger noted this had been reviewed by the Planning Commission at its November 13, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated November 9, 1984, as amended. There was no report from the Parks , Recreation & Natural Resouces Commission. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 130-84, zoning amendment. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 84-310, approving the preliminary plat of Lake Heights 2nd Addition for Lake Heights Ventures . Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare an amendment to the prior Developer's Agreement relating to prior Ordin- ance No. 79-04 as per Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 17195 - 17443 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 17195 - 17443. Roll call vote: Anderson, Bentley, Redpath and Penzel voted "aye. " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 121-84, zoning district change within the District or 5.42 acres. approval of Developer's Agreement for Computer Depot, and adoption of Resolution No. 84-311 approvinp Summary of Ordinance No. 121-84 and ordering publication of said Summary for Computer Depot. Location: north 67 Valley View Road, east of Highway #169 - formerly III . A. Dan Russ, Welsh Corp. , and Darrell Anderson, architect, were present to answer questions. Planning Director Enger related the Staff's concern regarding this proposal . He stated that the materials submitted to the City Council when this was 1st read do not correspond closely with the document submitted with the Developer's Agreement; the drawings do not show glass alonq the lower elevations as Anderson showed on the drawing. Enger said the purpose in bringing this back to the Council was only because it was different from what had been shown on the earlier plans and he wanted the Council to be aware of the change. 4 City Council Minutes -9- December 4, 1984 Anderson reviewed architectural plans for the building and said he felt c this building would be an asset to this area. Bentley noted his recollections and said his concern at the time had been the fact that these areas were represented as porcelainized panels and he had a concern about that. Darrell Anderson indicated they had erred at that point. Anderson asked if this building would be visible from Digigraphics. Architect Anderson indicated it would not. Bentley said he appreciated the diligence of the Planning Department in picking up this change. The Council concurred. MOTION: Redpath moved, seconded by Bentley, to give 2nd Reading to Ordinance No. 121-84, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-311, approving Summary of Ordinance No. 121-84 and ordering publica- tion of said Summary for Computer Depot. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMRUNICATIONS M1 h A. Request from Thomas J, Esser, Executive Director of South Hennepin Human Services Council , to appear before the Council - continued from November 20, 1984 Tom Esser introduced himself as the new Executive Director of South Hennepin Human Services Council . He said the 1985 Budget request from Eden Prairie is $5,335 which is the same as last year. Esser stated he would like the relationship with the City to be an active one rather than passive and he would like to meet with the City officials periodically. He indicated the Council will be reporting to the municipalities on a quarterly j basis . 1 4 B. Request for grading plan revision regarding Woodlawn Heights Addition Director of Public Works Dietz outlined the request. Dietz said Staff f+f feels it is ultimately a good alteration to the project but was concerned I because there had been no citizen input . Penzel asked how the erosion would be controlled. Dietz said they are considering a sodding plan whereby all front yards would be sodded. i Director of Community Services Lambert said he has had phone calls from I prospective buyers inquiring about park and playground facilities in that area. He said questions were raised by what had been said to these prospective buyers by the sales people, Anderson said he felt the residents in that area should be notified as to what the grading plans are. This could be accomplished via a public meeting. City Council Minutes -10- December 4, 1984 City Attorney Pauly noted that if the grading permit had been tied into the original Developer' s Agreement for this area then this chance might represent a change in the Developer' s Agreement. MOTION: Anderson moved, seconded by Bentley, to notify residents and have the grading plan presented to the residents by the proponent. Motion carried unanimously. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - noted a letter from Joel Katz, Mn/DOT, relative to the signals at Prairie Center Drive and TH 169 and the fact that these signals had been dropped in priority. Penzel asked for suggestions as to how to proceed to see that this project is implemented shortly.. Redpath suggested a letter be sent to State Representative Pauly who is on the Transportation Committee, MOTION: Redpath moved, seconded by Anderson, to direct Staff to communi- cate with our State Representatives and State Senators regarding this matter. Motion carried unanimously. B. Report of City Manager 1. Request to apply to the State of Minnesota Competitive MIDB Pool or Hoyt Construction for its Tech III building in the amount of 2,700,000. 00 Finance Director Frane addressed the request. MOTION: Redpath moved, seconded by Anderson, to authorize application to the Sta tes 's MIDB Pool for Hoyt Construction for its Tech III building. Motion carried unanimously. 2. Set Special City Council meeting for December 20 1984 at 7:30 PM to consider prelimin------cTTinal a2proval of Municipal I alndustr Development Bons or Hoyt Construction Techice Building MOTION: Redpath moved, seconded by Anderson, to set a special meeting of the City Council for 7:30 p.m. on Thursday, December 20, 1984, in the School Administration Building, 8100 School Road, to consider preliminary and final approval of Muncipal Industrial Development Bonds for Hoyt Construction Tech III Office Building. Motion carried unanimously. City Council Minutes -11- December 4, 1984 a 3. Agreement to conduct Special Census City Manager Jul 1 i e referred to his memorandum of November 27, 1984, in which this issue was addressed. MOTION: Redpath moved, seconded by Anderson, to authorize the Mayor and City Manager to execute an agreement with the U.S. Department of Commerce to conduct a special census for an amount estimated to be $30,465. Roll call vote: Anderson, Bentley, Redpath and Penzel voted "aye." Motion carried unanimously. 4. Discussion on response to Flying Cloud Landfill EIS The Council commended Assistant to the City Manager Dawson on his. memorandum. Penzel suggested the Council request the Metropolitan Council consider a post closure bond to insure that citizens of this community are not left "holding the bag" should something go wrong. Penzel reviewed the meetings at which time the EIS will be considered by the Metropolitan Council and/or its committees. j MOTION: Bentley moved, seconded by Anderson, to adopt the "Response of the City of Eden Prairie to the Final Environmental Impact Statement for the Proposed Expansion of the Flying Cloud Sanitary Landfill . Motion carried unanimously. C. Report of the City Attorney There was no report, D. Report of Director of Community Services 1 . Purgatory Creek Recreation Area Access Purchase Director of Community Services Lambert addressed his memorandum of November 27, 1984, in which this was discussed. MOTION: Anderson moved, seconded by Redpath, to authorize Staff to begin negotiations with the appropriate property owners to secure a purchase agreement or option agreement for a minimum of 3.5 acres for the major access to the Purgatory Creek Recreation Area. Motion carried unanimously. Q 77_,_.. City Council Minutes -12- December 4, 1984 2. Riley Lake Park Purchase Director of Community Services Lambert spoke to his memorandum of November 27, 1984, in which this issue was addressed. MOTION: Redpath moved, seconded by Anderson, to authorize Staff to submit a purchase agreement to Mr. Hendrickson based on the total purchase price of $95,000. Roll call vote: Anderson, Bentley, Redpath, and Penzel voted "aye. " Motion carried unanimously. 3. Agreement with Watershed District for Study of Purgatory Creek Recreation Area/Staring Lake Director of Community Services Lambert referred to his memorandum of November 27, 1984. MOTION: Redpath moved, seconded by Anderson., to authorize entering into an agreement with the Watershed District for a joint study of the Purgatory Creek Recreation Area Fl oodpl ai n and Staring Lake Water Quality at a cost not to exceed $5,000 to each party. Roll call vote: Anderson, Bentley, Redpath and Penzel voted 4 "aye. " Motion carried unanimously. 4. Parks , Recreation &Natural Resources Commission request for Ad hoc Committee to consider need for re eren um Director of Community Services Lambert noted his memorandum of t November 27, 1984, in which this was reviewed. Redpath asked if this committee would be strictly for informational purposes with no firm recommendations -- this would only be a study committee. Lambert said he felt this committee would probably come up with firm recommendations as to what might be put before the. voters as well as a timetable. Bentley asked who would appoint this committee. Lambert said he felt the City Council should do so upon recommendations from various groups . This committee would then report back to the City Council through the Parks , Recreation & Natural Resources Commission. MOTION: Anderson moved , seconded by Redpath, to instruct Staff to solicit names of those interested in serving on an ad hot. committee to consider the need for referenda for community faci 1 i t es. This committee is to be broad-based and will examine bond ne .ifs for the next ten years. The Committee will be appointed by the , -I ty Council at its meeting on February 5, 1985, Motion carried unan- .-nausly. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 10:55 p.m. Motion carried unanimously.