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HomeMy WebLinkAboutCity Council - 05/21/1985 APPRO%' _i+ •; ';'''TES j EDEN PRAIRIE CIT': COUNCIL TU ESDAY , MAY 21 , 19D-5 7 : 30 PM, SCHOOL AD": 'Jib- i � : :I I ONO (i11 11_ D i'aG , ROOM 5 COUNCIL MEMIBERS: "layor Gary D. Fetc- --,-)n, Richard George Bentley, icia Pidc(-,IJ, and i1:;1; 1 Redpath CITY COUNCIL STAFF: City Manager Carl J . Jul lie , i , ° •ant fit: the City 'tanager Ci-a i g Dry► - on , Roger Pauly, Finance: Di r(.�,- ' 'I- Planning Director (.!iris tO,- Community Services t'ober 1. t , )i r' . ,, r of Public Works Eut.< ne A , Secretary Karen I'ti c.hael PLEDGE OF ALLEGIANCE j ROLL CALL : all members were present ' 1 . APPROVAL OF AGENDA AND OTHER _ITEMS OF BUSINESS The following items were added to the Consent Calendar: I I . ' . R,` )iuti on 85-125 , sup}?orTtinq approval-_of the =,ennepin Cou j_v.Federal 10 t>roi<<< Submittal fo►• a project within the City of Eden Prairie for ] �. rder• an appraisal for the Gonyea F.?I.•____k•`Ruthor i zat�on to order_-- _-- _ -. _ __ _ _ MOTION : Anderson moved, seconded by Bentley, to approve fho ,,rlra Other Items of Business as amended and published. Motion carried ,sly. II . CONSENT CALENDAR A. BRYANT LAKE BUSINESS CENTER, ;"I;.fSE 11 by Welsh Companies , i tic. 2nd Readinct of Ordinance Nu. 5-85. onino District c mange from C- Regional to I-2 Park for 7.96 acres; a�lproval of Developer's Agra-; ,-nt for Bry,< Lake Business Center, Phase II ; and adoption of Resolution No. E5-99 , approving Summary of Ordinance No. 8-85 ,and or-&-ring publ is ition of Summary. 7. 96 acres into two lots for construction of thy- f- office/war - house buildings . Location: south of Valley Viow Road, va, t of Market Place [give. (Ordinance No. -85 - rezr�nina from C RL.yinn:3l to I-2 Park and Resolution No. 85-99 - approving Ordinance Suiai,ary and Pub ica tion) - continued from May 7, 1985. B. Final flat approval for Red_ Rock Heights (Resolution No. -5- 103) •- caiitinW'Od from May . l9795 - r City Council h'irrut.(•s lay 'L , ' C. Final flat aj)j)r.oval_ for- Hoyt Roberts :c±ition (Resolution si,,. ? ;':: } ". Eden Prairie Basebal l Association t r. r�rairi e East Nei ahborhood Petition for Addi tional f i,;vczround Cclu : oirent 2nd Readi nq of Ordinance No. 15_S5, r1r endr�ent to Lanci�c a��e 0r di r ,:i�r.e ,.rid Arziendr.rent to RI-9. 5 and R1-13. 5 Districts Resolution No. 85-123 , authorizing Dutch and Use cif City Coui . ,r;:nt :n�j Services _by City Manaaer in Emer(;ency Situations Authorization for services from f1'�CE Laboratories for training Final apyroval for MIDQ' s in the amount of $1 .700,00f).00 for ', rtnzrshi�i�Reso1ution No. 85-1�4 ?esolution No^ 85-1't5, supporting ap}�roval of the N, r°nt'},ire r a ; i d Urban Project Submittal far a project within tho C,i ,:ty I s or 1987 through 1989 K. Authorization to order an appra i >a1 for the Gonyea C tlorl y ITION: Bentley moved , seconded by "'Apath, to adopt itt ;4. A - k: ,; ie nsent Calendar. Motion carried ur- .-Arnnusly. III . 91. 1 C HEAR I NG5 �RDINA1. CREEK 3RD ADDITION - rt ;,gust for recon: 'derat.ion cif' .;s ,unci 1 action. t:ersc:n said it appeared the Cn.mc:i l would very likely ,tter to the Planning Commission for its review and, thevo -. i ,)t think it would be reasonable for the City Council to con,: • :blic hearing at this time. He ;uggested there be a hrief r�, the proponent followed by pertinent corm:eats of v e +,i • ch tho Council could decide wiwther• or not to reft,r it to l,, �11111iss ion haled on the information piresrented. The Council ,,nc th this plan of procedure. ' ty Manager Jul l ie indicated notice of this Public lioarinl, ;, ,,I ;blished and property owners within the vicinity had hoon r; . if noted the Planning Staff had not had an opport uni t:y to t�, view the amended PUD plan. Juilie said the request.-Od rir; ;:`. r't o i within the range previously recommended by the Planning r; ;:t does exceed the Counci l 's maximum of 20S units a! cic,t� r, { Aviary n, 1985. r r s s City Council 1`Mtjtes Mark Jones , Chiiiio Development Corporation President ; specialist; Roger Freeberg , architect ; and Fred lioi,, inf.it�ir , sultant , addressed various aspects of the development. it t,;)tf.d t11,111 like to thin k of th # the developers would like clevelopm.,�nt ,.c, "up—,( ale" , appealing to a segment of the market not previously cot-.- ideri,cl . Hoising- 'Lon pointed out that, with this new plan . traffic %,.as to oo north (in !�Ionetjoocl rather than on Cardinal Crook thi-, fimi jio­(-d a prohl2io foc Cardinal Creek residents ill the past . H(,> al ,;o notod that the units are now bigger and would rent for more. Bentley asked what the appropriate action would be the part ol' City Council in light of previous action taken by tk,­ ((­,unci I J, Planning Commission. City Attorney Pauly noted thl-it cc,ncept aj :­~ i does not include any zoning action. It is not binding'i on any u . In order for action to become binding, zoning approval , PhD de% , ',,,i : -tit and platting must be considered and acted upon. Pauly said Cr 11 1 �1­ bers may adopt some type of resolution regarding jnodifii. atilfm e density question which had been previously approved -. this ,,.I i,d Ir ,i to the developer support or lack, of support for the propo,,al "'.. id the developer, if SUPPDrt were to be shown, would have to Planning Department for zoning, development stage PUD appt­ d platting. This would then go before the Planning cmpoissir. :l cr treatment. Art Roberts , 13543 Woodniere Circle, reviewed the comomon ()oal ', for th,_-) site (see attached) . Floyd Siefferman, Jr. , discussed the site which the neiqhbor, (_onsid, !- to be a "showcase" site and what is felt should be construe tf,". Gordy Alexander, 6895 Sand Ridge Road, addressed the densi 1. He said the Cardinal Creek neighbors would like the Council the density resolution which was passed by the Council in They do not feel this proposal should be sent to the I'larint; for its review. Bentely said he did not feel he had heard Much rcqavdino the for the request from the proponents , Mark Jones <.aiod li,_it of the market has determined a need for upscale 14, to Y i the deni sty is necessary to pay for the south and wi-,t r,,,adW(1) -� . : said the request is for 20'., more units than that which Tko Cc)t.ncil 1 previously approved. Bentley said the Council is not deviating from the n v Plan; what is shown on the Guide Plan presently is v.hot i<, t-cir�: Planninq Director Enger noted what changes had twon :1 ,ide in thi,, coa to the Cojnprehensive Guide Plan. Sentlov said he felt the issue before the Council -.%,ir, wlicthor or no, reconsider previous action taken by the Council roqoi-dinq the d­n0t '� issue. lie said he had originally worked on a deiiOty in the ron(w c* "125 - :'60 but in January he was botherod by the ni,issivcil,­'s Of huilkllino , . tic, said he felt what had been shown thi " 'VOV i no City Council tli*.lutes -4- May 21 , 1985 that the massiveness can be reduced . He said fie felt it was a represen- tation of what can be done with that type of density, MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to reconsider the previous action of the City Council relative to the density on this site and to affirm the increase in the density by modifying the previous Council approval to a maximum of 249 units. Peterson said he implied at the beinning of the hearing that this item would oo back to the Planning Commission for its review. tie said he felt this was a new concept by the developer and as a result he would like to see it go before the Planning Commission. Pidcock concurred. Bentley said he felt the proponent would be unduly punished because these stages would all have to be republished which would be time consuming. Redpath agreed and noted the residents would still have the opportunity to respond to this matter when other requests come before the Planning Conimi s:,i on and the City Council . Roger Swigart, 13184 Cardinal Creek Road , indicated he felt more time should be given to the residents to present their case . He said 249 units was beyond the level of reasonable compromise. Bentley said he had no problem with this being referred to the Planning Commission but noted that the Planning Commission had already indicated that up to 288 units were appropriate for this site. Swigart said that once 249 units are approved by the Council then that will become � the magic number and is far in excess of what was previously approved. Redpath stated the number of units is a moot question because the site is "guided" for 10 units per acre. Jones said that no more than 249 units would be built, a number was necessary in order to get things under way. Siefferman said he would like to see larger units ; he said the developer is moving in the right direction but has not moved far enough. Swigart said the density of the project is not diminished by separating the components of a large building by 30' or 40' ; there is a visual density to be considered. He said that one of the objectives of the planning process is to put suitable types of housing next to what is already in place and is of comparable quality. O.J. Miller, 6521 Baker Road, said he felt the motion should be to reconsider the previous action taking into consideration the new density. He felt the opportunity for residents to comment should be a part of the process. Bentley said he felt there should be specific action and that a top number should he established which is less than that authorized under that zone and that this concept should be referred to the Planning Commission for its review and continent back to the Council . City Council Minutes -5- May 21 , 1985 Pidcock said she would prefer to have the numbers left out of the motion . Peterson stated that because this is a development concept , he did not feel it was necessary or appropriate to place a number on it. Bentley said he felt the only purpose for this Public Hearing was to reconsider the number of units . Redpath concurred. Anderson said he would like to see a mid-range considered. MOTION WITHDRAWN BY BENTLEY WITH THE CONSENT OF REDPATH. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and reconsider the previous action of the City Council relative to the density on this site and to affirm the increase in the density by modi- fying the previous Council approval to a range of 208 - 249 units with justification; and to send this matter to the Planning Courrnissivn fcr its review and conrrnent. Motion carried unanimously. B. RIDGEWOOD14EST PLAT V by Centex Homes , Inc . Request for Planned Unit Development Concept Amendment on 88 acres ;Planned Unit Development Dis- - tri ct Amendment on 6.03 acres , wi th variances ; Zoni ng Di strict Change from R1-13. 5 to R1-9.5 on 6.03 acres; and Preliminary Plat of 6 .03 acres into 27 single family lots . Location : Saratoga Lane, south of Wellington Drive. (Resolution No. 85-116 - Planned Unit Development Concept Amendment, Ordinance No. PUD-2-85-16-85 - rezoning from R1-13.5 to PUD-2-85-R1-9.5, and Resolution No. 85-117 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tom Boice, President of Centex Homes , addressed the proposal . Planning Director Enger said this item had been reviewed by the Planning • Comnii ss i on at its meeting on April 22, 1985, at which tine it voted to r ecummuund approval (5-0-1) subject to the recommendations included in the April 19, 1985, Staff Report. Bentley asked if the developer was responsible for putting in Cumberland Road. Enger said the developer had previously agreed to do that. MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 85-116,approving the Ridgeweeod West Plat V Planned Unit Development Concept Amendment to the overall Ridgewood West- over Planned Unit Development. Motion carried unanimously. 110TION: Pidcock moved, seconded by Bentley, to give 1st Reading to Ordinance No. PUD-2-85- 16-85, rezoning. Motion carried unanimously. T City Council Minutes -6- May 21 , 19:35 MOT ON : Pi dcock moved , seconded by Redpa th , to adopt Resolution No. 85-1I7 , approving the preliminary plat of Ridgewood 14est Plat V for Centex 11omes , Inc. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson , to prepare an an.endment to the prior Developer' s Agreement per Commission and Staff recommendatio rr— Motion carried unanimously. C. THE OAKS BUSINESS CENTER by Steiner Development, Inc, Request for Planned Unit Development Concept Review on 16 .88 acres; Planned Unit Development District Review on 16.88 acres ; Zoning District Change from Rural to I-2 PaO on 13.68 acres; and Preliminary Plat for three lots and one outlot. Locotion: north of Valley View Road and Golden Triangle Drive. (Resolution No. 85- 1J� - Planned Unit Development Concept; Ordinance No. PtlD-3-85-17-85 rezoning from Rural to PUD-3-85-1-2 Park; and Resolution No. 85- 119 - preliminary pi of ) City Manager Jul l ie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Greg Dumonceaux, architect , addressed the proposal . Also present was Ton Portnoy, President of Steiner Development, Dumonceaux stated the proponent would like to have a grading permit prior to 2nd Reading. i Planning Director Enger said this proposal had been reviewed by the Planning Connnission at its April 22 , 1985, meeting at which time the Commission voted to recommend approval subject to the recommendations included in the April 19, 1985, Staff Report . ` Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed this at its May 6, 1985, weetir ) at which time it voted to recommend approval subject to the recommendation-, included in the April 19, 1985, Planning Staff Report and the May 2, 19F 5. Supplementary Report. Director of Public Works Dietz suggested that consideration be given to extending work on Valley View Road now in conjunction with Golden Triannt, Drive. He indicated the estimated costs could be ready for the next meeting of the City Council . Anderson expressed concern as to the creek crossing and how it would serve pedestrians via the trail system. Lambert said the trail system parallels the creek but is removed from it because of the flood plain -- it jumps from high point to high point. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearinci and to adopt Resolution No. 85-118, approving the development of Planned Unit Development of The Oaks Business Center for Steiner Development. Motion carried unanimously. MOTION: Centley moved, seconded by Pidcock, to give lst Reading to Ord,r irici. No. 17-85, rezoning. Motion carried unanimously. City Council Minutes -7- Mav 21 , 1985 MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-119, approving the preliminary plat of The Oaks [Business Center for Steiner Development, Inc. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer' s Agreement per Commission and Staff recommendations . Motiun j carried unanimously. Peterson asked for comments regarding the issuing of a grading permit prior to 2nd Reading of the Ordinance. Enger stated Staff could have the Developer' s Agreement ready for the next meeting of the City Council . He noted there is no request for a grading permit before the City at this time. Portnoy said there is a need to proceed due to time constraint,.; a tenant must occupy a portion of one of the buildings by October 1st. Portnoy said the developer is prepared to indemnify the City in any way necessary. Dietz indicated consideration should be given regarding the grading plan in light of the Valley View Road issue; he said Valley View Road is scheduled to be lowered about 5' and this will have an impact on the property to the north. Portnoy said the proponent would like to see this project completed. Enger said the proponent would be required to put up snow fences during the construction process and there would be other constraints.. The proponent would have to have about a week' s worth of work prior to any grading being done on the site. Bentley said he did not look kindly on granting grading permits prior to 2nd Reading. Anderson concurred with Bentley. Anderson asked what recourse the City would have should a permit be granted early. City Attorney Pauly said the project would be secured by a bond or a letter of credit. Peterson said he would suggest the process continue in its normal manner. Enger said Staff would have all the preliminary work ready to go for the next Council meeting. - IV. PAYMENT OF CLAIMS NOS. 20176 - 20463 MOTION: Gentley moved, seconded by Redpath, to approve the. Payment of Claims Nos. 20176 - 20463. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye. Motion carried unanimously, V. ORDINANCES & I;ESOLUTIONS There were none. d� City Counci l Minutes -8- May 21 . 1985 VI . PETITIONS, REQUESTS & COMIMUN I CATIONS ( A. Lueck ,(,%.jer/water connection fee_ Request for Hearing as to amount. \ City Manager Jul 1 ie explained the issue before the Council is the payment of connection fees for sanitary sewer and water. Director of Public 'Works Dietz addressed his memorandum of May 2, 1985. Dietz gave an overview of the problem as well as background as to the reason the Luecks had requested a Hearing. Pat Lueck , 6381 Duck Lake Road , introduced his attorney, George Hoff. Hoff noted the Luecks have 1 .4 acres on Duck Lake Road. In December of 1984 Ann Lueck called the City and indicated they would like to connect to City services and was told it would cost was $1 ,000.50; she asked if "they" were sure that was the amount and was assured that was correct. fhlrs . Lueck went to City Hall un December 20, 1984, and obtained a permit and an invoice for a cost of $1000.50. The Luecks then spent approximately $3,000 to have a plumber make the connection - In mid-.'anuary the Luecks received an invoice from the City for $7400. Hoff quoted Sec. 3.07 of the City Code which states: No permit shall be issued until connection fees are made. Hoff said it was his opinion that procedures of the City were not followed. He said his client had checked and rechecked the cost of the connection before going ahead and making the connection. Hoff questioned the manner in which the $7400 fee ►,ras determined. City Attorney Pauly said Code provision 3.07 was adopted by the City according to State Statutes. Pauly reviewed the Code provisions and City procedure. Pauly said an error had been made by the City in not obtaining payment of the fee. Dietz responded as to ho►v the $7400 assessment was determined. Thera was discussion as to what Lueck presumed to be the hook-up fee once the sower and water services were available in this area of the City. Bentley said he felt the problem was one of confusion. He asked if the Ordinance was valid. City Attorney Pauly said it was , Bentley ash„►-d if the fee unposed was a fair one based upon the Ordinance. Dietz said it was. Bentley asked if the imposition of the fee was done accordinn to the Ordinance. Pauly said he believed it was. Bentley asked if any- thing was done on the part of the City to preclude the issuance of this connection. Pauly said no. Bentley said the City must sustain the fell- it, order to preserve the Ordinance in the future. There was discussion as to what might be done and what might be acceptatil- to the Luecks to resolve this matter without setting a precedent which would tie harmful to the City. Bentley asked if the City had the right to make an adjustment, Pauly said an adjustment can be made only on the assertion of a claim against the City. Pauly said he would like to he more convinced that an error has been made. x City Council Minutes -9- May 21 , 19,115 MOTION: Pidcock moved , seconded by Bentley , to continue action on k this item to June 4, 1985. Motion carried unanimously. R B. Consider petition for paving Crestwood Terrace between C_S_A_H 1 and Maplewood Estates Resolution No. 85-3121j— Director of Public Works Dietz reviewed the reason for this request and called attention to his memorandum of May 10, 1985. i MOTION: Bentley moved , seconded by Anderson, to adopt Resolution No. 85-121 , relating to I .C. 52-079, Crestwood Terrace Paving between CSAH 1 and Maplewood Park Estates. Motion carried unanimously. VII . APPOINTMENTS A. Ap .oi r.tment of member to the Citizen Advi sor^y_ Committee to review Community Development Block Cran t proposals T� MOTION: Bentley moved, seconded by Redpath. to appoint Timothy f Whitten to the Citizen Advisory Committee to review Community Develop- ment Block Grant proposals . Motion carried unanimously. 's VIII . REPORTS OF ADVISORY COMMISSIONS There were none. i IX REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members There were none. B. Report of City Mana er There was none. C. Report of Ci ty Attorney City Attorney Pauly stated he had received a letter from Mr. Kitner regarding., the Tech III Industrial Revenue Bonds . One of the tenants has declined to furnish certificates as to the amounts of capital expenditures for prior issues which are under tax exempt bonds and, accordingly, a qualified opinion would have to be given. Pauly said the net effect is that it is unknown whether or not the bonds would be tax free. Steve Hoyt, representing Hoyt Development, addressed the problems they are having .in attempting to get their tenant to sign the necessary papers since Loonam is a subsidiary of Abnet, Inc. , and Abnet ' s comptroller wants to carefully review the papers prior to signing them as he has indicated he has never seen anything like this before. City Attorney Pauly said he did not think it appropriate to deviate from past practice . Bond counsel , Kent Ritchie, spoke to the issue and said there would be no risk to the City as that would be assumed by Hoyt and the lender. City Council ilinutes -10- May 23 , 1985 Finance Director Frane said he agreed with City Attorney Pauly. He said some degree of consistency must be maintained. He said he did agree with Hoyt and Ritchie in that the City has very little liability; if there were a problem Hoyt would be left "holding the bag. " Peterson asked if the City could allow the proponent to proceed if the City were assured there was no liability on the part of the City and if it were assured that the lending agency was aware of this . Pauly said this has been pending for a long time; he did not know of any liability off hand. f{e asked if the City wanted to be associated with procedures that are deficient and/or with a problem which might arise as a result. Pidcock said she could agree to this if the lending agency would go along with this. Anderson said he would follow the advice of the City Attorney. Redpath asked what would happen to the lease if there were no action tonight. Hoyt said there would be a cash problem because the transaction could not be closed. Redpath asked how many buildings Hoyt had in the City in which tax exempt financing was used. Hoyt said three. Redpath asked if there had been any problems with any of them. Frane said there had not been. Pauly said he was uncomfortable with this particularly since it was an 11eleveth hour" plea. Hoyt said he was merely asking the City for accorr- modation . MOTION: Pidcock moved, seconded by Redpath , to allow Hoyt to close his transaction with the stipulation that the City be indemnified and that the lending institution provide the City with a letter indicating full awareness of the situation. Motion carried with Anderson and Bentley voting "no. " i D. Re jLcor_ _of the Director of Cwnmunity Services 1. Anderson Lakes Outlet Di rector of Community Services Lambert indicated there was a request before the Council regarding an outlet to Anderson Lakes . Lambert called attention to his memorandum of May 2, 1985, and to a letter to the City from Brian Borg, City of Bloomington. Lambert said this matter had been discussed by the Parks , Recreation $ Natural Resources Conwiission at its May 6 , 1985, meeting at which time it voted to recommend the City participate in this proposal . Lambert stated this probably would be required when work is done on County Road 18. He suggested that this be paid out of the general fund t reserves over a three-year period . Lambert also recommended the City participate subject to getting some type of commitment from i _ r, J M city Council Minutes -11- May '1 . 1985 t the City of Bloomington as to a minimum water elevation in Anderson Lakes, and that the City of Bloomington contact Hennepin County and request that it participate in the program. Bentley asked what the cost would be to the City. Lambert said it would be $16,320 if five agencies were to participate. Lambert said if the City of Bloomington were not able to cornunit to a minimums lake level then the matter should come back to the City Council . Anderson said he was glad to see something being done. Redpath questioned why the Watershed District was not more involved : he also suggested that Hennepin County pick up a bigger portion of t► c cost. Pidcock concurred. The consensus of the Council was to request the City of Cloomington to commit to a minimum water elevation in Anderson Lakes and to request the City of Bloomington contact Hennepin County to request its participation and that the Watershed District be requested to t participate to a greater extent in this project. E. wort of Finance Director 1 . IDR Guidelines Finance Director Frane addressed his memorandum of May 15 . 1985, in ( which the charges for tax exempt financing were suggested. Bentley said he felt the nature of what is needed in a community was not addressed in the guidelines which were presented. Anderson said he felt the City was reaching its capacity in the area of office/warehouse buildings. MOTION: Bentley moved, seconded by Anderson, to adopt the MIDB Guidelines as presented in Frane' s memorandum of May 15, 1985 ( 1 R 11 . ) Wally Hustad, Sr. expressed concern about the fact that %pecific high-priority needs of the City were not spelled out. Pentley said that prior to coming up with specific uses, the Council would have to go through some type of process to arrive at these uses. Bentley said his prior connnent had to do with job creation more than Lypes of land uses. Anderson said he felt the Council must find time to spend talking about the direction it wishes the City to go. VOTE ON THE MOTION: Motion carried unanimously. f i 77 City Council Minutes -12- Miy 11 , X. NEW BUSINESS There was none . C XI. ADJOURNMENT MDT ION: Pidcock moved, seconded by Bentley, to adjourn the meeting at 12 :22 a.m. Motion carried unanimously. i i r .-, ._