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HomeMy WebLinkAboutCity Council - 10/15/1985 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 15, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul a 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 y ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following changes were made to the Agenda: Item III. J. Resolution No. 85-237, Final Approval for Park at CityWest'Tf�ousis �$onds �n � amount o 17 was remove-d—from the-Agenda-, the fo,Iffowing items were added o the Agenda: �': n usfrial-revenue Bonds in the amount of $750 000 for Ron-Mar AssoclaT@S; IV. E.Vaca on of Ea nt kig tzof- w� VII. U.�Era?in Permit Requ_e_s_t_ from qua a le;; fit:A:7: Bentley re- �a_r�d_i_n_� pF-Ou Memo; X. A.Z.A derson re ar in Sou t tF�lienne inn Human errvi ces; an .�A:!"A. T91W ck rega' ding reporton Manager's e�w. MOTION: Anderson moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. Special City Council Meeting, held TuesdM, July 16, 1985 Peterson asked if anything had been done regarding Anderson"s suggestion which was included in the Minutes regarding a joint meeting with the cities Eden Prairie is working with on opt-out at which time representatives from Plymouth would be present to explain their program. Anderson said he would like to see this meeting scheduled in . the near future. i e, City Council Minutes -2- October 15, 1985 MOTION: Bentley moved, seconded by Anderson to approve the Minutes of the Special City Council Meeting held Tuesday, July 16, 1985, as published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, July_ 16, 1985 { MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Regular City Council Meeting held Tuesday, July 16, 1985, as published. Motion carried unanimously. III . CONSENT CALENDAR A. Clerk 's License List B. Resolution adopting Public Services A regiment/H.O.M.E. Project between t �t of Eden Prairie and South Hennepin HUman Services Uouncil (Resolution No. 85-229) C. Resolution authorizing the Mayor and City Mane er to execute the Leaf ec c in ite Lease Agreement with enne in oun y (Resolution No85-239) D. Set date of Tuesda , November 5 1985, 6:00 .m. , for a Joint Meeting ofthe city counciT and the Board of Appeals & Adjustments E. Receive petition for Sanitary Sewer improvements along Baker Road Worth of Roberts Drive and authorize greearation of a Feasibility Report, - eso u ton No. - 0 F. Change Order No. 3 for Flying Cloud Drive Improvement Project I.C. 52- 064 G. Final plat approval for Autumn Woods 3rd Addition (Resolution No. 85- ) H. Municipal State Aid System Route Designation (Resolution No. 85-234) I. THE PARK AT CITY WEST by Finger Enterprises. 2nd Reading of Ordinance o. 31-85, rezon ng from Rural to RM-2.5, approval of Developer's Agreement for The Park at City West, and adoption of Resolution No. 85-216 authorizing Summary of Ordinance No. 31-85 and ordering publication of said Ordinance. 13.5 acres for an apartment complex. Location: City West Parkway, east of Shady Oak Lane. { J. Resolution No. 85-237, Final Aperoval for Park at City West Housin Bonds in- a amount of $17 50O.U00 1his Item was deleted from the Agenda. i F. i City Council Minutes -3- October 15, 1985 K. HAGEN SYSTEMS by Hagen Systems. 2nd Reading of Ordinance No. 23-85, anne nit evelopment District Review and zoning district change from Rural to I-2 Park, on 3.02 acres; approval of Developer 's Agreement for Hagen Systems; adoption of Resolution No. 85-190, authorizing Summary of Ordinance No. 23-85 and ordering publication of said Summary. Location: east of City West Parkway, west of Highway #169. L. Resolution No. 85-227 establishing November 5, 1985 as the date for Public -Rearing or Eden Square Shopeing Center Municipal InTustrial Development Bonds in the amount fl , 11. Adopt on of Resolution No. 85-240 Approvinq the�appo_i_ntments by the M or off e members to the Housing and Redevelopment Authority MOTION: Bentley moved, seconded by Anderson, to approve items A - I and K - M on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS W A. DATASERV, INC. by Opus Corporation> Request for Planned Unit Development oncept Review, Zoning District Change from Rural to I-2 Industrial and preliminary plat of 9.56 acres for an office/- warehouse/service area. Location: West 78th Street and Prairie Center Drive. (Ordinance No. 34-85 - zoning; Resolution No. 85-199 - preliminary plat ) City Manager Jullie stated notice of this Public Hearing was published and property owners within the project vicinity were notified. Bob Worthington, Executive Director for Governmental Affairs for Opus, addressed the request. Plannning Director Enger said this request had been reviewed by the Planning Commission at its meeting on August 26, 1985, at which time discussion centered around design criteria which had been developed about a year ago. Action on the request was continued to September 9, 1985, and to September 23, 1985,. at which time revised plans were discussed and are as presented to the Council tonight. The Planning Commission voted (4 - 0) to recommend approval subject to the recommendations included in the Staff Reports dated August 23, 1985, and September 20, 1985, and based on the revised plans dated September 16, 1985, 1 Pidcock asked if the exterior would be brick. Worthington said it i would be face brick, not brick veneer. Pidcock asked about the traffic which would be generated by Dataserv. Enger said there would be about 90D more trips per day. ti City Council Minutes -4- October 15, 1985 Anderson asked about the need for a sidewalk along West 78th Street. Redpath noted that the park owned by Rosemount provides access to the east. Anderson said that is fenced off; he said he believed it would be in the City 's best interest to have a sidewalk along one side of West 78th Street from Prairie Center Drive east to Highway 169. Enger said that could be looked into before 2nd Reading is given on this request. Redpath asked if the City was willing to pay for a sidewalk in this area. Peterson said that issue should be addressed when a r report is made on the feasibility of a sidewalk is presented. 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. 34-85. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-199, approving the preliminary plat of Dataserv, Inc. for Opus Corporation. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer 's Agreement per Commission and Staff recom- mendations; prior to 2nd Reading there is to be consultation between the proponent and Staff relative to the issue of a sidewalk along West 78th Street. Motion carried unanimously. Worthington indicated they would like to continue with grading on this site due to the weather conditions. Bentley asked Staff how long it would take to put together a Developer's Agreement for this proposal. Enger said that could be done in two weeks. There was discussion regarding the grading which is to be done. Redpath said he could see no harm in allowing grading since other grading has taken place in this area. Peterson said he would concur as long as there was not even minor grading on the southern portion of the property. Anderson said the Council seems to run into this same problem every year at this time. Enger stated there have been conditions under which such permits have been allowed in the past including the time of year, no significant outstanding issues to be resolved between Ist and 2nd Readings, no significant natural resources on the site; grading bonds in the hand of the City prior to release of the permit, and erosion control measures in place. Bentley said the proponent must also realize that grading will be done at their own risk. Worthington said they would not have a problem with any of those provisions. MOTION: Pidcock moved, seconded by Redpath, to allow Opus Corporation to begin grading with the understanding that the grading would be done at its own risk, that no grading would take place on the southern portion of the property, that the City would be provided with the necessary grading bond, and that erosion control measures would be put in place. Motion carried unanimously. City Council Minutes -5- October 15, 1985 B. FEASIBILTY REPORT FOR TECHNOLOGY DRIVE EXTENSION FROM PURGATORY CREEK TO PRAIRIE CENTER DRIVE, I .C. -010 D (Resolution o 5-235) City Manager Jullie said notice of this Public Hearing had been published and notices were hand delivered to owners of affected properties. Director of Public Works Dietz addressed the report. Dietz stated Staff would recommend modifying the tax increment financing district to include this area to help pay for the project. Dietz also noted comments which had been received from Mr. Hyde, one of the property owners. Bentley asked if a semaphore at the Technology Drive Mitchell Road intersection had been considered as a part of the overall project. Dietz said that had not been considered yet; stop signs would be installed however. Bentley said he thought this might be included in the tax increment financing district. Dietz said that was a good idea. Pidcock said she felt it was necessary to install a signal at the Technology Drive - Mitchell Road intersection since many apartments have been approved in the area to the south. Redpath said consideration should be given to signalizing the Anderson Lakes Parkway - Scenic Heights Road - Mitchell Road intersection also. Anderson suggested that at"er considerations be given to the treatment of the Purgatory Creek crossing other than the installation of a box culvert. Dietz said this would be treated in the same way that the creek crossing in the vicinity of Flying Cloud Drive and Wilson Ridge was. Matt Carpenter, 9011 Highpoint Circle, spoke to the assessments which would be levied against property in which he has an interest. He asked the Council to adopt a resolution stating his property is to have a regional-commercial use because of the cost of the assessments. Bentley stated this was not an assessment hearing. He suggested that the Carpenter property might never have access from Highway 5. Bentley noted a letter from Gary Erickson dated sometime in 1982 in which access to the property was discussed. Bentley noted this project is very important to the overall road system in the Major Center Area and said the City would be assuming a substantial obligation. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 85-235, ordering improvements and preparation of plans and specifications for I.C. 52-101D, Technology Drive extension from Purgatory Creek to Prairie Center Drive. City Council Minutes -6- October 15, 1985 Anderson asked if the motion included consideration of the creek crossing. Jullie said this would be looked at during the design phase of the project. VOTE ON THE MOTION: Motion carried unanimously. C. EASEMENT VACATION IN OUTLOT E, CITY WEST 2ND ADDITION City Manager Jullie stated notice of this Public Hearing was published and notices were sent to affected public utility companies. Director of Public Works Dietz addressed the vacation and noted it was f essentially a housekeeping item. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-232, vacating drainage and utility easements in Outlot E, City West Second Addition. Motion carried unanimously. D. PRELIMINARY APPROVAL OF $750,000 IN MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS TO RON-FIAR ASSOCIATES (Resolution No. 8 - ) City Manager Jullie stated notice of this Public Hearing had been published. Finance Director Frane addressed the proposal and noted that the proponent had been able to obtain part of the City of Silver Bay's bond allocation. There were no comments from the audience. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 85-241 A, authorizing the execution of a joint powers agreement and No. 85-241 8, reciting a proposal for a commercial facilities development project giving preliminary approval to the project pursuant to the Minnesota Municipal Industrial Development Act authorizing the submission of an application for approval of the project to the Energy and Economic Development Authority of the State of Minnesota and authorizing the preparation of necessary documents and materials in connection with the project (Ron-Mar Properties Project). Motion carried unanimously. E. VACATION OF EASEMENT RIGHT-OF WAY City Manager Jullie indicated notice of this Public Hearing had been published and affected property owners had been notified. City Council Minutes -7- October 15, 1985 Director of Public Works Dietz spoke to the vacation. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-242, vacation of drainage and utility easements over part of Lot 6, Block 2, Purgatory Ridge. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 23083 - 23387 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 23083 - 23387. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A. Resolution No. 85-236 Final A22roval for Municipal Industrial Devel o ment Bonds in t e amount of $4,850,W—f-o—r -Bryant Lake Partners (formerly called ver reen . City Manager Jullie stated these bonds are included in the City 's 1985 allocation. He noted the proponent has requested that the City waive its 1/8 of 1% City Revenue Bond fee, claiming that it had not been told of any such fee; however Staff noted the proponent 's bond attorney was aware of the fee. Stan Baratz, Vice President of Development for Welsh Companies, and Judy Hall , bond counsel with Briggs and Morgan, were present to address the request. The Council discussed the 1/8 of 1% fee in light of the proponent 's request. Bentley said he would like to have Staff resolve this matter. Finance Director Frane stated the proponent 's bond attorney had knowledge of the City 's fee. MOTION: Redpath moved to adopt Resolution No. 85-236, forgiving the last five years of the 1/8 of l% fee. Motion died for lack of a second. MOTION: Bentley moved, seconded by Peterson, to adopt Resolution No. 85-236, and to assess a 1/8 of 1% one-time-only fee. Motion carried with Bentley, Redpath and Peterson voting "aye" ; and Anderson and Pidcock voting "no". Bentley said he would like to have a discussion of this policy at the next Council meeting. t Y City Council Minutes -8- October 15, 1985 VII . PETITIONS, REQUESTS & COMMUNICATIONS A. La out Plan approval for Baker Road between Arbor Glen and CSAH 62 esolution No. 8 - ) Director of Public Works Dietz introduced Hennepin County staff members Ted Hoffman, Chief Design Engineer, and Bruce Polaczyk, Preliminary Design Engineer, who were present to review the preliminary layout of Baker Road for which the bids for improvements are to be let in the Spring of 1986. The estimated costs of the improvements is $1. 9 million. The proposal calls for a bikeway on the east side of the roadyway immediately behind the curb. The road will be designed for a speed of 40 miles per hour. Hoffman indicated the i County would like to have the Council give approval to its preliminary design plans so work can begin on Ithe final plans. Anderson expressed concern about the fact that the elementary school and the park are on the west side of Baker Road and there is no for those living Past of Baker to reach those facilities. Hoffman said the logical crossing would be at Holly Road. Anderson asked if the site distances at that location were adequate. Hoffman said they were. Bentley asked what the County 's position is on a pedestrian crossing signal at that intersection. Hoffman said a study would be made when the project is completed to see if a signal is warranted. Bentley asked about have a signal which could be pedestrian activated. Hoffman said they would not support that; the County would only support a fully-signalized intersection. John Palm, St. John 's Woods resident, expressed concern that there would be drainage problems and water would drain down into St. John 's Woods. He called attention to the fact that the oak knoll will be removed. Palm asked the Council to withhold approval of the plan until the residents of the area have seen the plan and been heard. Dick Feerick, Arbor Glen Drive, said cars will be driven at 50 miles per hour along this roadway. He said he believed signals are needed at Holly Road and Baker and that it is best to do that now. d l Bentley asked what the County 's timetable is. Hoffman said they are on a tight schedule even if they were to get approval this evening. He indicated they would like to start work on May 1, 1986, so it can be completed in one construction season. Bentley said he would like to see a trail on the west side of Baker Road. He also stated he would like to see how the oak knoll might be saved. Bentley said he would like to see the grading plans as well as the sight lines; there was not enough detail presented this evening. { City Council Minutes -9- October 15, 1985 MOTION: Pidcock moved, seconded by Bentley, to continue this matter to the November 5, 1985, meeting of the City Council . a Bentley stated he was not opposed to the concepts presented but he would like to have the opportunity to study this. Hoffman said they are anxious to get to the detailed-design phase of the project which would then provide specific answers to questions. Bentley asked if what had been presented was a request for concept approval . Hoffman said it was for preliminary design approval . t THE MOTION WAS WITHDRAWN BY PIDCOCK WITH BENTLEY'S CONSENT. Hoffman stated the County was looking for a commitment on the part of the City so it could proceed with plans for this roadway. City i Manager Jullie suggested it might be helpful if the County Staff and the City Engineering Department Staff would agree to meet with residents of St. John 's Woods and other areas affected to further review the plans. Dietz noted the plans presented by the County are similar to a Feasibi li lty Report at the City level. MOTION: Pidcock moved, seconded by Redpath, to adopt Resolution No. 85-238, approving the alignment of Baker Road with the suggestion that Hennepin County and City Engineering Department Staff meet with residents of St. John's Woods and other interested parties regarding the plans, the results of such a meeting to be reported back to the City Council. Motion carried unanimously. B. Review of decision made by the Board of Appeals & Adjustments rreegar�-in'c Reques-t— No. 8 T-1'he---Yoard— deermined- tie propose o7Q rmanda"le Racq�anU_'9wim Club to be a permitted use in a Community Commercial Zoning District. City !Tanager Jullie noted materials included in the Council Packet pertaining to this issue including a three-page memorandum dated October 1, 1985, which outlined the critical issues of this matter. Planning Director Enger addressed the request before the Council. Enger reviewed the City Code and pointed out that the Code gives the characteristics of a zoning district rather than a list of what is permitted within a district. Enger also reviewed the October 1, 1985, � memorandum. Peter Beck, attorney with the Larkin & Hoffman firm representing the Normandale Tennis Club, said it is not what the prior ordinates said but whether the current ordinances allow this use. He said the size of the building is within the limits of this zone. Beck stated this is not a single-use facility. There is nothing in the zoning code that says the full range of uses must be included in the zone. Beck said the club would generate 1500 trips per day in the winter whereas centers such as the Preserve Village and Prairie Village Centers generate approximately 9,000 trips per day on a year-round basis. He City Council Minutes -10- October 15, 1985 f said he believes the tennis club will be an excellent neighbor to the residential uses in the area. Beck noted the Board of Appeals k determined this to be a proper use in this zoning district. He stated the property is not marketable as a shopping center. He emphasized that the City would lose architectural control if this use were not allowed. Beck said the City has supported the tennis club concept by suggesting other sites none of which is workable due to high costs, not enough land, or the land being unavailable. Beck asked that the City Council uphold the decision of the Board of Appeals. Pidcock asked for City Attorney Pauly's interpretation. Pauly said the issue is limited to two questions: is this a permitted use within this zoning district and is the community-commercial district the proper district for such a use. Pauly said two criteria should be addressed by the Council in its decision: whether this constitutes an area for retail store/office establishments and whether they are patronized by residents of the immediate area. Pauly noted the Board of Appeals concluded this use fell within the definition given in the City Code. Pidcock asked if it would be fair to say that the City would be denying Bailey his right to sell his land if this were turned down. Pauly said that would not be the case. Anderson pointed out that the uses in the area of Minnetonka due north of this site are regional uses. He said there was no development to the north when the City `s Guide Plan was adopted in 1979. Anderson questionned how many people would use a shopping center on the site under discussion if one were to be built. Bentley said he believed the question before the Council was whether or not a sport and health club was a proper use in a community- commercial zone. Bentley said this issue could be raised in any part of the City. He said he believed the magnitude of the proposal indicates it does not belong in a community-commercial zone. Anderson asked if this could be sent back to the Planning Commission. Pauly said the proponent has agreed to site plan review but sending this back to the Planning commission is not an issue. Pauly then asked Beck i` the proponent would have a problem with this going to the Planning Commission. Beck said that would not be a problem. Peterson, said he was not adverse to the project, but he thought the Council should be sensitive to the issues raised by Staff. He said the Council must consider whether it is going to enlarge the definition of the community-commercial zone or is it going to rezone the site. Pidcock asked if it was possible to have this facility constructed in the Highway 5 - Mitchell Road area. Peterson said there would be minimal negative impact on the neighboring residences in that area. Peter Stalland, attorney for the Baileys (owners of the property) , said there were some key legal points involved with this issue: when ;. v City Council Minutes -11- October 15, 1985 y there is an ambiguity in a zoning ordinance it should be strictly construed in favor of the property owner; if this is denied it will infringe on the constitutional rights of the property owner and the property will be devalued; the City 's zoning ordinance is very broad and it appears the Staff is allowed to pick and choose what is allowed which can be interpreted as being arbitrary. Stalland indicated that all parties interested want this use. Bentley said there is nothing to preclude the property owner from requesting a zoning change. City Attorney Pauly stated he believed the main issue was whether this facility was to serve the residents of the immediate area. John Palm, resident of St. John 's Woods, said he felt restrictions could be put in place without having to change the zoning. �i Dick Feerick, Arbor Glen resident, said he would like to see this site used for a tennis club. He said he thought the development process should be beneficial , in the sense of enjoyment and satisfaction, to the community. Liz Engstrom, St. John 's Woods resident, said she would like to have a tennis club on this Site; she believed a shopping center would decrease the property values. Jerry Bailey, owner of the property, said he believes the zoning ordinance is a good one. He said he believes the use is appropriate for this site and would be a good land use. Bailey said he thought the issue has been caused by the process. Redpath said he would not like to have this site zoned regional- commercial. MOTION: Anderson moved, seconded by Pidcock, to affirm the decision and findings of the Board of Appeals; and to have Staff look into further clarification via site plan review with the plan to be referred to the Planning Commission for site plan review. Bentley said he thought the health club proposal was an excellent one for that site. He said he did not agree that a shopping center was necessarily a good use for that site. Bentley said he did not think this was a permitted use in this zone. VOTE ON THE MOTION: Motion carried with Bentley voting "no". C. Grading Permit Request from Equitable 9 Kay Schumacher, representing Equitable, addressed the request for the grading permit. Director of Public Works Dietz noted this would give the City an opportunity to get some fill which would be necessary for the Valley View Road project. m City Council Minutes -12- October 15, 1985 MOTION: Redpath moved, seconded by Pidcock, to approve the request for a grading permit as outlined by Schumacher and per plans dated September and October 1985. Motion carried unanimously. VIII . REPORT OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS There were no appointments. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Bentley - Addressed the memorandum on Opt-Out which had been inc u ed in the "For Your Information" packet. He noted that some of the issues will be covered by the Legislature when it meets in 1986. He said he will also address the issues raised when the Regional Transportation Board meets although changes will only be made via legislative action. The Council 's consensus was to allow Bentley to deal with this in the manner he sees fit. 2. Anderson - Said he has had a hard time attending meetings of the South Aennepin Human Rights and Services Commission because those meetings are held the night after a Council meeting. He said he would like to see someone else appointed to this Commission. City Manager Jullie will check into this further. 3. Pidcock Reported on the progress in the drafting of a form to be used tF review the City Manager. B. Report of the City Manager There was no report. C. Report of the City Attorney City Attorney Pauly requested a closed session with the Council following the meeting at which time pending litigation would be discussed. D. Report of Director of Public Works 1. Award contract for 1985 Lime Sludge Disposal (Resolution No. 85- ) Director of Public Works Dietz reviewed the bids which had been received. City Council Minutes -13- October 15, 1985 MOTION: Redpath moved, seconded by Anderson, to adapt Resolution No. 85-233, accepting bid for I.D. 52-086, Lime Sludge Removal and Disposal, and awarding the contract to Stan Pond Services. Motion carried unanimously. XI. NEW BUSINESS There was none. XII. ADJOURNMENT The meeting adjourned to a closed session at 12:35 a.m. f 1 g ,I w r � F