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HomeMy WebLinkAboutCity Council - 09/17/1985 i 8 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 17, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS / The following items were added to the Agenda: III. C. Request for Housing Revenue Bonds for The Park at City West (Resolution No. 85-215) ; X. B. 1. Valley View Road Construction Update; and X. B. 2. Discussion of Board of A is Decision re ardi Com in rcial zone Deli - tion. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. CONSENT CALENDAR A. Clerk's License List B. Resolution approving law authorizing issuance of a t rary on-sale intoxicating liquor license to the Eden Prairie Foundation (Resolution No. 85-209) C. 1st Reading of Ordinance No. 32-85, an Ordinance amending Cit Code Chapter 4, relating to beer, wine and liquor licensigA and rat on D. Cooperative signal agrement with MN/DO't for upgraded signal at TH 169 and Anderson Lakes Parkway (Resolution No. 85-210) City Council Minutes -2- September 17, 1985 E. Receive Feasibility R_ rt for Technology_Drive Extension from Purga- tort' Creek to Prairie Center Drive and set Public Hearing for October 3 15, 1985, T.C. 52-OIOD (Resolution No. 85-211) F. Resolution requesting HeTin County to administer The Greater Minne- apolis Day Care Association Child Care Sliding Fee Program (Resolution No. 85-208) G. Recommendation from Development Commission regarding participation in Star City Program MOTION: Bentley moved, seconded by Anderson, to approve items A - G on the Consent Calendar. Motion carried unanimously. w. 'a III. PUBLIC HEARINGS A. 1985 Special Assessment Hearing (Resolution No. 85-213) City Manager Jullie stated notice of this Public Hearing was published and mailed to all affected benefiting property owners. Jullie noted a number of written objections to the assessments had been received and are on file. Director of Public Works Dietz reviewed the various assessments projects individually. 1. I.C. 52-011 A & B Dietz recommended reductions in the assessments for the Loerzel and Schultz properties. Objections were received from James Thomas and the Robert Kooimans. There was discussion on the cap placed on the interest applied to homesteaded property as well as the length of the deferments. David Run, representing James Thomas, stated he would like to see a larger reduction in their assessment. MOTION: Redpath moved, seconded by Bentley, to adopt the assessments for I.C. 52-011 A as presented with the exception of the following parcels: a 50% reduction in the assessment for parcel number 14-116-22 13 0005; and a five-year deferment for parcels 14-116-22 12 0003 and 14-116-22 12 0008. Motion carried with Pidcock voting "no". MOTION: Redpath moved, seconded by Bentley, to adopt the assessments for I.C. 52-001 B as presented. Motion carried unanimously. City Council Minutes -3- September 17, 1985 2. I .C. 52-059 A & B Director of Public Works Dietz stated objections had been received from Clifford and Jean Bodine, Helen Pavelka, Roger Farber, and Marlene Larson. Dr. Roger Farber, 6525 Rowland Road, addressed the problems with his property noting that very little of the land is buildable. Dietz reviewed the service area for this project. Hakon Torjesen, 6605 Rowland Road, said he is required to stub to the Farber property line when he puts in sewer and water. Marlene Larson, 6505 Rowland Road, voiced her objection to the assessment. Dean Holasek, 6475 Rowland Road, stated he would file a written notice to protest the assessment on his property. Cliff Bodine, 6400 Shady Oak Road, addressed the problem he had in November of 1984 relative to this project. Jim Pavelka, representing Helen Pavelka, 6324 Shady Oak Road, spoke to the assessment. MOTION: Pidcock moved, seconded by Anderson, to continue this item to the October 1, 1985, meeting of the City Council. Motion carried unanimously. 3. I.C. 52 061 There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to approve the assessment as recommended.. Motion carried unanimously. 4. I.C. 52-064 There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to approve the assessment as recommended. Motion carried unanimously. 5. I.C. 52-065 Director of Public Works Dietz noted he had received an objection from Herleiv Helle today and recommended this item be continued to the October 1, 1985, Meeting of the City Council. MOTION: Bentley coved, seconded by Pidcock, to continue action on ( this assessment to the October I, 1985, Meeting of the City Council. Motion carried unanimoi.sly. City Counci 1 Minutes -4- September 17, 1985 6. I.C. 52-071 Tim Whitten, 8980B Neil Lake Road, representing The Preserve, stated there would be no improved value to the property with this improvement. Bentley, as resident of The Preserve, said he had talked with a number of homeowners who are pleased with the project; he said he disagreed with the members of The Preserve Board and noted this is the most direct route for Preserve residents to take in going to the Major Center Area. MOTION: Pidcock moved, seconded by Bentley, to approve the assessment as recommended. Motion carried unanimously. 7. .Supplementals MOTION: Bentley moved, seconded by Anderson, to approve the Supplemental Assessments as recommended. Motion carried unani- mous ly.. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution. No. 85-213 with the exception of items 2. I.C. 52-059 A & B and 5. I.C. 52-065. Motion carried unanimously. B. A eals of Vantage Corporation of decision rendered by the Board of Appeals and Adjustments on Variance Request No. 85-28 (A Publ c Meet- ing) City Manager Jullie stated the Board of Appeals & Adjustments at its August 8, 1985 meeting approved several variances as requested by Vantage Corporation in terms of increasing the floor area ratio and decreasing the amount of required parking. Vantage also requested a variance to permit a 60-foot curb-to-curb parking dimension instead of the 63 feet required by the Code; the Board approved a 62 foot dimension. Vantage is appealing the parking lot dimension and continuing its request for a 60-foot dimension. Matt Nichol, Vantage Corporation, spoke to the appeal. Planning Director Enger stated Eden Prairie's Ordinances are not out of line. Enger said the non-commercial lots can be smaller because there is not as much in and out traffic. Staff had studied the situation and had looked at various types of parking lots and had determined Eden Prairie's ordinance to be reasonable. Nichols said he believed the requirement to be an inproper utilization of land. Bentley said he thought the compromise which was proposed to be a good one and he could not see a hardship. Peterson said he would like to see the dimension at 601 . Enger explained that 45 degree parking could be used; there is less efficiency with this type of parking, however. Redpath said he felt the compromise offered by the Board of Appeals was a good one. Pidcock expressed concern that a precedent would be set should a change be allowed. City Council Minutes -5- September 17, 1985 MOTION: Redpath moved, seconded by Anderson, to affirm the action of the Board of Appeals & F.djustments. Motion carried with Pidcock and Peterson voting "no". C. Request for Housing Revenue Bonds in the amount of $17,500,000.00 for The Park at City West (Resolution No. 85-215) City Manager Jullie said notice of this Public Hearing had been published. Fred Rosenblatt, attorney; Ken Richey, bond counsel; and Rick Craig, Finger Enterprises, were present to address the request. There was some discussion regarding the family income requirements which are included in the housing revenue bond program. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 85--215, adopting a program and giving preliminary approval to a project and its financing, under Minnesota Statutes, Chapter 462C and authorizing submission of the program to the Minnesota Housing Finance Agency for review. Motion carried unanimously. TV. PAYMENT OF CLAIMS NOS. 22552 - 22868 ` MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 22552 - 22868. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. V. ORDINANCES & RESOLUTIONS A. Resolution regarding FLSA (Resolution No. 85-214) MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 85--214, in support of exerrption from the Fair Labor Standards Act for Governments. Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request amendment to Assembly of God Devel is Agreement to allow 20' light fixture in 22rkiM lot (Developer's Agreement allows 8') City Manager Jullie indicated the Eden Prairie Assembly of God Church as requested to amend its developer's agreement to allow a 20-foot light fixture in its parking lot which currently allows an 8-foot fixture. Notice that consideration of this item would be on tonight's Council Agenda was sent to surrounding owners of property. r City Council Minutes -6-- September 17, 1985 Bob Iskierka, representing the Assembly of God Church, stated the present lighting is inadequate. Planning Director Enger said the proposed lighting would be cut-off luminars with down lighting and recommended approval of this amendment. a MOTION: Anderson moved, seconded by Redpath, to approve the request of the Assembly of God Church to amendment its Developer's Agreement to allow 200 light fixtures in its parking lot. Motion carried unanimously. VII. REPORTS OF ADVISORY COMMISSIONS There were none. VIII. APPOINTMENTS There were none. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members �r Peterson - reported he and City Manager Jullie had not f( rmalized any details regarding a third Council meeting each month. B. Report of City Manager 1. Valley View Road Construction Update Director of Public Works Dietz reviewed the plans and said Staff would recommend a change in the sequence in timing of the project. The design phase took into consideration the amount of swam to be disturbed. Dietz said Staff is now looking at going back to the original proposal which will require an EAW which is a 90-day process. The estimated cost is about $29,000 more than was stated in the Feasibility Report. Dietz said he would recommend the original design be proceeded with which called for a Spring start of the project and would require going through the EAW process. Peterson asked how mach the EAW would cost. Dietz said perhaps a couple of thousand dollars. 2. Discussion of Board of Appeals Decision Et9arding Community Can- mercial Zoning Designation Planning Director Enger reviewed the action taken by the Board of Appeals and stated there was a question regarding the interpretation of the City Code as to whether or not a tennis and swim club should be considered a community-commercial use or City Council Minutes -7- September 17, 1985 rather a regional-commercial use. The proponent has stated he believes the tennis and swim club to be a community-com ercial use while Staff believes this to be a regional use; this would open the way for other regional uses rather than keeping it as a community-commercial facility, which it is presently zoned. Enger expressed concern, that should the tennis club not be built the zoning interpretation might open the way for other uses which might not be as desirable to the neighbors. Enger noted that Flagship Athletic Club is located in a regional commercial zone. Bentley said he did not think it was the Board of Appeals perogative to make a decision such as this. City Attorney Pauly said the Board of Appeals decision is somewhat questionnable. MOTION: Bentley moved, seconded by Redpath, to set the October 15, 1985, meeting of the City Council as the date for the Council to review the Board of Appeals decision regarding the community commercial zoning designation. Motion carried unanimously. C. Report of City Attorney City Attorney. Pauly noted the property owners in the the Willow Creek neighborhood have started an action against Welcome Home, the owners of the property, and the City asking for an injunction against any modifications to the property and in the use of the property for a State-licensed facility and also making a claim that the action resulted in inverse condemnation. At the same time, they applied to the Court for a tenporary restraining order which was denied. A hearing on that question will be held next week. City Attorney Rosow was present to review the landfill proceedings in light of the Metropolitan Council review process. There was discussion as to whether or not the Council should hear what Rosow had to present because of the fact it was not on the Council Agenda; residents had not been notified or had been told it was not going to be discussed. The consensus was the Council would like to hear timely information which :night be pertinent and which might necessitate action on the part of the City. e b Rosow stated the PCA had gone through three drafts of the Consent Order. He reviewed what was contained in these drafts and the changes which had been made in them. Bentley said he would like to see a supplemental EIS required and would like to have the City Council work cowards full closure until that is completed. Anderson asked if a restraining order could be requested. Rosow said he did not think the courts would do that. City Manager Jullie suggested the Council might consider incorporating a contractual arrangement whereby the landfill would be closed when the 526 acres plus 10% is corrpleted. City Council Minutes -8- September 17, 1985 Anderson said he would like to have the landfill closed down, but realized the impracticality of that position. He wondered what other options or alternatives were open to the City if the PCA grants the Consent Order. Rosow said the City could sue to enjoin the company from continuing to fill; or the City could sue to enjoin the PCA from executing the Consent Order. Rosow noted that it is his belief that there is enough questionnable data regarding the permitting process in 1983 which might have the effect of forcing BFI to go back through the process again. Bentley said it would serve notice that the City of Eden Prairie is tired of getting the run around. He noted that by continuing action on the Consent Order, the Metropolitan Council is allowing the PCA to continue expansion of the landfill. Bentley said he believed the City of Eden Prairie has the ability to stop the expansion and he believed the residents of the neighborhood were not interested in compensation but wanted to see the landfill closed right now. Peterson suggested the City might want to review the PCA's regulations. He thought it was clear that the Council wished to push as hard as it could to resolve this. Anderson concurred and asked that this begin immediately. Redpath commended Mayor Peterson, City Manager Jullie, and City Attorneys Pauly and Rosow for pursuing this issue so diligently. He suggested the Council instruct City Attorney Rosow to go the the PCA and tell them the City has reached its limits and to request a consultant to monitor the landfill. Redpath said the City had hoped the Supplemental EIS would lead to the shutting down of the landfill; the Metropolitan Council does not want to act until the PCA has acted. D. Resort of Director of Commnity Services 1. Open skating hour changes at the Commmunity Center Director of Community Services Lambert referred to the September 11, 1985 memorandum in which this matter was addressed. Superintendent of Recreation Pappas was present to answer questions. Bentley suggested recommendation #1 in the memorandum be done on a trial basis; Anderson concurred. Anderson said most of the time would be sold to those interested in hockey which would be mostly boys and represents only 8% of the population. He said he would like to see records kept as to whom was buying the time. City Council Minutes -9- September 17, 1985 MOTION: Bentley moved, seconded byAnderson, to adopt Proposals #1 and #2 as outlined in the Pappas Memorandum of July 30, 1985 with consideration being given to the concerns raised by Council Members Anderson and Bentley. Motion carried unanimously. IX. NEW BUSINESS MOTION: Pidcock moved, seconded by Bentley, to commend the Public Safety Department for the manner in which the traffic and parking situation was handled during the Flagship Athletic Club's Open House. Motion carried unanimously. X. ADJOURNMENT MOTION: Bentley moved, seconded by Redpath, to adjourn the meeting at 12:10 a.m. Motion carried unanimously.