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HomeMy WebLinkAboutCity Council - 11/05/1985 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVE14BER 5, 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 . PRESENTATION OF DONATION TO THE CITY BY BRW Don Ringrose, President of BRW, was present to make a $500.00 donation to the City for use by the rescue squad in appreciation of the efforts made by the squad to save the life of Gary Erickson, a Vice-President of the firm, who was injured in an accident during the construction of Anderson Lakes Parkway. Lt. Jim Clark played a video tape of the rescue efforts. Also present were Gary Erickson, Lt. Les Bridger, Fire Chief Ron Johnson, Officers Lance Brace and Tracy Luke. Mayor Peterson expressed his appreciation to those involved in the rescue and to BRW for its contribution to the rescue squad. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda and Other Items of Business as published. Motion carried unanimously. III . MINUTES A. Joint City Council/Parks Recreation & Natural Resources Commission Meeting held Tuesday, August 6, 1985 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Joint City Council/Parks, Recreation & Natural Resources Commission Meeting held Tuesday, August 6, 1985, as published. Motion carried unanimously. I City Council Minutes -2 November 5, 1985 B. Regular City Council Meetin held Tuesday, August 6, 1985 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the regular City Council Meeting held Tuesday, August 6, 1985, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk 's License List B. CROSSROADS CENTER by Vantage Properties. 2nd Reading of Ordinance No. 26-85, Zoning District change from C-Regional to C-Regional Service on 2.99 acres, with variances ; approval of Developer 's Agreement for Crossroads Center; and adoption of Resolution No. 85-244, approving Summary of Ordinance No. 26-85 and ordering Publication of Said Summary. 11.4 acres for construction of a commercial center. Location: east side of Highway #169, south and west of Prairie Center Drive. (Ordinance No. 26-85 - rezoning from C-Regional to C-Regional- Service and Resolution No. 85-244 - approving Summary and Publication) C. EDEN PLACE APARTMENTS by Tipton Corporation. 2nd Reading of Ordinance o. Zoning istrict Change from Rural to TM-2.5 on 32.8 acres ; approval of Developer 's Agreement for Eden Place Apartments; and adoption of Resolution No. 85-245, approving Summary of Ordinance No. 30-85 and ordering Publication of Said Summary. 50.46 acres for 496 apartment units. Location: west of Highway #169, north of Research Road, and east of Purgatory Creek (Ordinance No. 30-85 - rezoning from Rural to RM-2.5 and Resolution No. 85-245 - approving Summary and Publication) D. EDEN POINTE APARTMENTS by Eden Pointe Partnership. 2nd Reading of Ordinance No. - -5-85 Zoning District Change from R14-6.5 to RM- 25-PUD-5-85 for 15.3 acres; approval of Developer 's Agreement for Eden Point Apartments; and adoption of Resolution No. 85-246, approving Summary of Ordinance No. 33-85-PUD-5-85 and ordering publication of Said Summary. 15.3 acres for 149 units. Location: southeast quadrant of Pioneer Trail and Homeward Hills Road. (Ordinance No. 33- 85-PUD-5-85 - rezoning from R11-6.5 to RM-2.5-PUD-5-85 and Resolution No. 85-246 - approving Summary and Publication) E. DATASERV, INC. by Opus Corporation. 2nd Reading of Ordinance No. 34- 89, District change from Rural to I-2 Park ; approval of Developer 's Agreement for DataServ, Inc. ; and adoption of Resolution No. 85-247, approving Summary of Ordinance No. 34-85 and ordering publication of said Summary. 9.56 acres for an off ice/warehouse/ser vice area. Location: 78th Street and Prairie Center Drive. (Ordinance No. 34-85 - rezoning from Rural to I-2 Park and Resolution No. 85-247 approving Summary and Publication) City Council Minutes -3- November 5, 1985 F. Final Plat approval for Carmel Third Addition (Resolution No. 85-254) G. Final Plat approval for Eden Place Apartments (Resolution No. $5-252) H. Final Plat approval for Prairie Village Apartments (Resolution No. ) I . Set 6:00 P. m. , Tuesday, December 3, 1985, as time and date for City ounce aters e istrict Joint Meeting t J. purgatory Creek Recreation Plan z MOTION: Bentley moved, seconded by Anderson, to approve items A - J on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. EDEN PRAIRIE: CONVENIENCE CENTER, by K. Charles Development Corporation. 4 Request for Comprehensive Guide Plan change from Office to Regional Service, Planned Unit Development Concept Amendment to Lake Idlewild Planned Unit Development, Zoning District change from Rural to C- Regional -Service, and preliminary plat of 2.30 acres for retaurant- tenant retail space. Location: northwest corner of U.S. Highway No. 169 and Eden road. (Resolution No. 85-248 - Comprehensive Guide Plan Amendment ; Ordinance No. 35-85 - rezoning from Rural to C-Regional- Service; and Resolution No. 85-250 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Vanney, Chip Glaser, and Dick Heise were present to address the proposal . Vanney asked if the proponents could be given a permit to begin grading prior to 2nd Reading. said this request had been reviewed b Planning Director Enger s q y the Planning Commission at its meeting on October 17, 1985, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Report of October 4, 1985, and based on the October 3, 1985, plans including the amended mechanical screening plans . a Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on October 21, 1985, at which time four areas of concern were raised. These included the trail system, the retaining wall , signage on the back of the building, and the request of the proponent to have the cash park fees eliminated. The Commission voted to recommend approval of the request subject to the recommendations included in the October 4, 1985, Staff Report. City Council Minutes -4- November 5, 1.985 Red path uestionned where trash would be stored. V nne explained w p q a y expl ned ho this would be handled. Bentley asked about the screening. Enger said the screening would be similar to that used at Hardees. Peterson t asked about the windows and expressed concern that they be used to enhance the view rather than as an area where signs might be placed. Vanney explained the use of the building would be primarily office/service/retail which would make good use of the windowed areas. Glaser said the tenants would consist of travel agents, hair stylists, etc. Anderson asked about the trail . Lambert said the trail should be similar to the one on West 78th Street. Pidcock asked about the retaining wall . Lambert said it would be between 13' and 16' high. Enger said the effect of a "living wall" would be created making this an acceptable retaining wall . MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-248, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to give 1st Reading to Ordinance No. 35-85. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 85-250, approving the preliminary plat of Eden Prairie Convenience Center for K. Charles Development Corporation. Motion carried unanimous ly. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Staff and Commission recom- mendations. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to grant an early grading permit to the proponents with the full proponent 's full knowledge that any grading is being done at their own risk. Anderson said he would like to make certain the landscaping, including the timbers and other materials to be used, are reviewed by City Staff. Pi dcock concurred. VOTE ON THE MOTION: Motion carried unanimously. B. HOYT TECH 5 6, & 7 by Technology Park Associates. Request for Planned it Development District Review, Zoning District change from Rural to Office on 3.21 acres and I-2 Park on 9.77 acres, and preliminary plat of 17.01 acres. Location: east of Golden Triangle Road and south of West 76th Street. (Ordinance No. 36-85-PUD-6-85 - rezoning from Rural of Office-PUD-6-85 and from Rural to I-2 Park-PDD- 6-85 and Resolution No. 85-251 - preliminary plat) City Council Minutes -5- November 5, 1985 City Manager Jull ie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Brad Hoyt, developer, addressed the request. Planning Director Enger stated this request had been reviewed by the Planning Commission at its meeting on October 7, 1985, and October 28, 1985. The Planning Commission voted to recommend approval subject to the recommendations included in the Staff Reports of October 4, 1985, and October 25, 1985, and based on plans dated October 23, 1985. Director of Community Services Lambert said this had been reviewed by the parks, Recreation & Natural Resources Commission at its meeting on November 4, 1985, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Reports. Anderson expressed concern about development of the creek corridor. He questionned the validity of having a five-story building in this area. He asked if the trail is supposed to tie into another trail. Lambert said a previous plan had been to keep the creek corridor open; however, this is now considered to be an urban area -- and, it is an area with a high line. Lambert stated the trail will connect with the City 's trail system in that area. Pidcock asked if Lambert was r satisfied with the proposed trail system in this area. Lambert indicated he was. Bruce Long, representing Cherne Contracting, expressed concern about Smetana Lane and the property which Cherne owns in that area and will might become landlocked. Enger said the property is currently isolated due to the change in the grade. He said it would be impractical to extend West 76th Street; Smetana Lane will provide the only access although it will not be a major thoroughfare. Long said he would like to go on record as requesting Smetana Lane be constructed to the Cherne property. ' MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance 36-85-PUO-6-85. Motion carried with Anderson voting "no". Anderson said he had been a member of the Long-range Planning } Committee which established the preservation of the Creek valley. He did not think he could vote in favor of the proposal since it violated what had been determined to be preserved. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-251, approving the preliminary plat of Hoyt Tech 5, 6, and 7, for Technology Park Associates. Motion carried with Anderson and Pidcock voting "no". C City Council Minutes -b- November 5, 1985 MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement per recommendations of Staff and Commissions. tlotion carried with Anderson voting"no". C. FLOOD PLAIN ORDINANCE. Amendment to Code and mapping to meet Flood Insurance Rate Map Criteria (Ordinance No. 37-85) City Manager Jullie indicated notice of this Public Hearing had been published. Planning Director Enger explained that in order to have flood insurance available in accordance with the regulations of the Federal y Emergency Management Administration (FEMA) and the Flood Insurance Administrator, the City needs to amend its ordinance code in order to adopt the new Floor Insurance Rate Map by reference. This map dilineates the updated areas with flood risk. The new maps will be corrected, official , and available before the earliest renewal of the flood insurance policies in March of 1986. There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 37-85. Motion carried unanimously. D. PRAIRIE VILLAGE APARTMENTS - Proposed Redevelopment Plan (Resolution o85-243) Planning Director Enger noted the Planning Commission had reviewed this proposal and recommended approval of the proposed Redevelopment Plan at its October 28, 1985, meeting. City Attorney Pauly stated the City Council must make findings and approve the proposed Redevelopment Plan before the item can have final action by the Housing and Redevelopment Authority. He said Resolution No_ 85-243 will do that. Bentley asked if the Council would be approving a tax increment financing district by adopting this Resolution. Pauly said it would not, but it would be approving the concept of a tax increment financing plan. There were no comments from the audience. i MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 85-243, approving the Redevelopment Plan entitled "Prairie Village Redevelopment Plan and ! Tax Increment Plan, " dated October 1985. Motion carried unanimously. City Council Minutes -7- November 5, 1985 E. DRAINAGE AND UTILITY EASEMENT VACATION IN PRALLE ADDITION (Resolution o. 85-255) City Manager Jullie said notice of this Public Hearing had been published and notices had been mailed to owners of the two affected properties as well as the utility companies. Director of Public Works Dietz addressed the vacation and noted it was a housekeeping matter. There were no comments from the audience. 1 MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-255, approving the vacation of a drainage and utility easement on Lots 4 and 6, Block 3, Paulsen 's Addition. Motion carried unanimously. F. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $6,200,000 FOR EDEN SQUARE SHOPPING CENTER (Resolution No. 95-228) City Manager Jullie stated notice of this Public Hearing was published. Jullie noted this project has not been reviewed by the Planning Commission ; however, the propopent desires early action on the request to avoid possible adverse changes in the laws relating to the use of MIDBs. The proponent is seeking $6.2 million in MIDBs for construction of a 90,000 square foot shopping mall on the northeast quadrant of the intersection of Prairie Center Drive and Highway #169. Redpath asked Finance Director Frane if the City had established a priority system for handling MIDBs. Frane said none of the City 's cap is allocated to this request. Bentley asked if this is carried over into next year, would the Council 's preliminary approval give the proponent first bid on next year's cap. Frane said he did not believe it would; the City makes no representation to that effect. Ken Norwich, Miller Schroeder, said there is some consideration that there might be some change in the law for next year. If the proponent can get the approval this year and the bonds are sold, then the proponent will be protected by the present law. Norwich stated this is an economically viable project. He said approval is contingent upon zoning approval. Frane asked if the Norwich 's client was aware that the City's Council granting of the HIDBs did not indicate an assurance that subsequent approvals involving the development of the property were being given and the client was doing this at his own risk. Norwich said they were aware of this. City Council Minutes -8- November 5, 1985 Enger said the Council has not yet seen this proposal. He wanted the Council to know that this is a strip mall and the City has had a long- standing policy against strip malls. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-228, giving preliminary approval to a project under the Municipal Industrial Development Act, referring the proposal to the Minnesota Department of Energy and Economic Development for approval, and authorizing preparation of necessary documents; the adoption of this Resolution does not constitute a guarantee or a firm commitment that the city will issue the bonds as requested by the Developer; if zoning is not forthcoming, the City will not issue the bonds. Motion carried unanimously. VI. PAYMENT OF CLAIMS NOS. 23388 - 23718 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 23388 - 23718. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VII . ORDINANCES & RESOLUTIONS There were none. VIII. PETITIONS, REQUESTS & COMMUNICATIONS r , A. William Gilk request for administrative division City Manager Jullie called attention to Director of Public Works Dietz memorandum of October 31, 1985, in which this matter was addressed. Dietz spoke to the issues raised in his memorandum. William Gilk, proponent, addressed the request. MOTION: Pidcock moved, seconded by Anderson, to approve the request of William Gilk for an administrative division of property which he owns north of Scenic Heights adjacent to the "School Pond" near Central Middle School. Bentley asked what would happen if the Council did not vote to grant the division. Gilk said he would be left with an unbuildable lot. VOTE ON THE MOTION: Motion carried unanimously. r4 t a City Council Minutes -9- November 5, 1985 B. Request from Kelly R. Sharkey to discuss City 's Housing Code Pidcock said she would abstain from discussion on this item because she is involved in litigation with Sharkey. Peterson said Sharkey believes that the City 's Housing Code is inadequate and asked to discuss this with the Council. Sharkey reviewed the experiences he and his family had while Iiving in a rental unit for three years. He said he believed the City should have a Housing Code such as those in effect in Bloomington and St. f Louis Park. He said he thought the tenants in Eden Prairie deserved this type of protection; he stated that 'tenants should have rights also. Peterson asked about the absence of a housing code in the City. City Attorney Pauly said there is no provisian in the present City Code that spells out the rights and privileges of a tenant versus a landlord. He said this might be an area which the Council would like to have explored. Red path said he would like to have the Staff stud the issue and also p Y look into provisions for inspecting houses before they are sold which is something that is done in some other communities in the area. Bentley said he would like to find out what the City's responsi- bilities , obligations, liabilities, etc. are relative to the enactment of a c i ty housing code. Anderson said he believed it was important to have a housing code and said it was something which the Human Rights and Services Commission should take a look at. Peterson said he did not know what the costs would be to administrate such a code. Anderson said he thought that was one of the issues which could be consider by the Human Rights and Services Commission. Bentley said he believed the first question to be answered was a legal one -- does the City even want to get into this area in term of liability. City Manager Jullie stated there are provisions already in the City Code which would protect the tenant. MOTION. Bentley moved, seconded by Anderson, to instruct Staff and the City Attorney to explore what is involved in a housing code and to report back to the Council by the January 21, 1986, meeting of the City Council. Motion carried with Pidcock abstaining. IX. REPORTS OF ADVISORY COMMISSIONS There were none. i City Council Minutes -10- November 5, 1985 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - outlined the parameters to be used in the evaluation form for review of the City Manager. He said the procedure to be used will follow that used by the School District; the manager should be reviewed as a reflection of the City 's performance; specific personnel problems will be excluded; performance to other communities is to be avoided; and input from the other members of the Council will be helpful in putting together the evaluation form. Each member of the Council would submit the evaluation forms to the Mayor who would compile the rating points. The evaluation would then be reviewed at a regular or special meeting of the Council. The review sheets would be submitted to the City Manager after the public review for his own personal analysis and then the review sheets would be kept in the Manager 's personnel file. This is the method used by the School District. Bentley said it is going to be difficult to make comparisons this year, but future evaluations should include criteria for such comparisons. Anderson said he would like to commend Bentley and Pidcock for their work on this. M0 10N: Anderson moved, seconded by Pidcock, to continue work on the evaluation form at the next meeting of the City Council . Motion j carried unanimously. Peterson - noted there will be a meeting at 9 a.m. on Thursday, November 7, 1985, at the Fire Station regarding the County 's plans for Baker Road. Anderson said he objects to the meeting because only a couple of neighborhoods are involved. He said that a 9 a.m. meeting on a Thursday precludes 99% of the population from being there. Redpath said the St. John Woods residents have more problems and are more directly involved in this whereas others are not as greatly impacted. Director of Public Works Dietz said the questions specifically addressed by John Palm at the City Council meeting will be spoken to at this meeting. He said that neighborhoods have never been invited to a design project review. Dietz said that Director of Community Services Lambert had taken the concept of sidewalks along Baker Road to the Parks, Recreation & Natural Resources Commission and it recommended that an asphalt path be constructed on the east side and that a concrete path be constructed on the west side form Tanager Creek north to 62nd Street. The residents of St. John Woods would then be tied into the path system via Tanager Creek and this would also provide access to the park. City Council Minutes -I1- November 5, 1985 B. Report of City Manager City Manager Jullie said he had met today with representatives of BFI regarding the Landfill. Another meeting is scheduled for the first part of December. C. Report of City Attorney City Attorney Pauly said he would like to meet with the Council following the meeting to discuss outstanding litigation. XI . NEW BUSINESS There was none. 9 X. ADIOURNMENT The meeting was adjourned to a closed session at which time pending litigation was discussed. !� APPROVED MINUTES SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL AND BOARD OF ADJUSTMENTS AND APPEALS TUESDAY NOVEMBER 5 1985 6 P.M., SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath BOARD OF ADJUSTMENTS AND Chairman Ron Kruger, James Dickey, Hanley APPEALS MEMBERS: Anderson, Richard Lynch, and Roger Sandvick STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Zoning Administrator Jean Johnson, Assistant Planner Steve Durham, and Recording Secretary Karen Michael I. ROLL CALL Board of Adjustments and Appeals members Dickey and Lynch were absent. II. APPROVAL OF AGENDA The Agenda was approved as published. III. BOARD OF ADJUSTMENTS AND APPEALS ACTIVITY REVIEW - 1982, 1983, 1984, 1985 It was noted that information regarding the activities of the Board of Adjustments and Appeals was included in the packet. IV. ITEMS FOR DISCUSSION A. Review the Board Duties as Outlined in Applying and Inter retin City ode 1. Direction from City Council to Board in applying and interpreting City Code Ron Kruger said he believed the Board should review each item on a case-by-case basis. Peterson asked if the Board was able to operate effectively under those guidelines. Kruger said the Board is willing to look at things on that basis and is comfortable with this procedure. 2. Discuss the definition of an undue hardship as defined in Chapter Bentley asked at what point would the Board run into the question of whether or not this was "spot zoning". Assistant Planner .gut,