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HomeMy WebLinkAboutCity Council - 04/01/1986 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL i TUESDAY, APRIL 1 , 1986 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 x to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane , Planning Director Chris Enger, Director of Community Services a Robert Lambert, Director of Public Works Eugene A. Dietz, Assistant Planner Steve Durham, and Recording Secretary Jan ry Nelson s a S 5 PLEDGE OF ALLEGIANCE f ROLL CALL: Coune ilmember Pidcock was absent . t; I . APFROVAI, OF AGENDA. AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III . J . 2nd Reading of Ordinance No . 10-86 for the FSI Office Buildin VII I . B . 4. City Hall Site Selection; VIII . B . .5 . Discus- sion of Reuter, Inc . dRDIF. MOTION: Anderson moved , seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously . II . MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY DECEMBER 3 , 1985 MOTION: Bentley moved, seconded by Anderson, to approve the minutes of the Regular City Council Meeting held Tuesday, December 3 , 1985 . Motion carried with Redpath abstaining. III . CONSENT CALENDAR F A . MENARDS EXPANSION, by Menards, Inc . 2nd Reading of Ordi- nance - 5 , Zoning District Amendment within the Commercial Regional Service District Approval of Devel- oper's Agreement for Menards ; and Adoption of Resolution #86-43 , Authorizing Summary of Ordinance ##46-85 and Ordering Publication of Said Summary. Location: Menards S Building, adjacent to Plaza Drive . (Continued from March 25, 1986 ) v City Council Minutes -2- April 1 . 1986 B . FLYING CLOUD OFFICE BUILDING, by Oakwood Builders . 2nd Reading of Ordinance 1- , Zoning District Change from Rural to I-2 Park; Approval of Developer' s Agreement for Flying Cloud Office Building; and Adoption of Resolution #86-44 , Authorizing Summary of Ordinance #1 -86 and Ordering Publication of Said Summary. Location: South of Pioneer Trail, east of Highway #169. (Continued from March 25 , 1986 ) C . THE FARM, by Countryside Investments . 2nd Reading of Ordinance #5-86, Zoning District Change from Rural to R1 -13 .5 ; Approval of Developer' s Agreement for The Farm; and Adoption of Resolution #86-46, Authorizing Summary of Ordinance #5-86 and Ordering Publication of Said Summary. Location: North of Duck Lake Trail , east of King of Glory Church . (Continued from March 25, 1986 ) D . FLOOD PLAIN MAP--2nd Reading of Ordinance #37-85, Adopt- ing Federal Insurance Rate Map (FIRM) for Eden Prairie as part of Chapter 11 , City Code . (Continued from March 25 . 1986 ) E . Clerk ' s License List F . Resolution No . 86-63, to Fund the I-494 Study G. Resolution No . 86-58, Appointing Election Judges for the May 6 , 1986 Referendum H . Resolution No . 86-62 , Establishing Polling Places 2 I . 2nd Reading of Ordinance No . 15-86 , Street Name Change Wes— t 78th Street to Technology Drive J . PSI OFFICE BUILDING, by Meyer, Scherer, & Rockcastle , Ltd . 2nd Reading of Ordinance #10-86 , Amending Ordinance #39- 83 within the Office District ; Approval of Developer' s Agreement for the FSI Office Building; and Adoption of Resolution #86-47 , Authorizing Summary of Ordinance #10- 86 and Ordering Publication of Said Summary. Location: North of H11zhway #169, east of City West Parkway. (Ordinance 10-86, Amending Ordinance #39-83; Resolution #86-47, Authorizing Summary and Publication) MOTION: Redpath moved , seconded by Anderson, to approve items A-E and G-J on the Consent. Calendar. Motion carried unanimously. j 44 City Council Minutes -3- April 1 . 1986 MOTION: Redpath moved , seconded by Bentley, to adopt Item F an the Consent Calendar. Resolution No . 86-63 , to fund the I-494 Study . Roll call vote Anderson, Bentley, Redpath and Peterson voted "aye- . Motion carried unani- mously . MOTION: Bentley moved , seconded by Redpath, to appoint Mayor Peterson and City Manager Jullie to represent Eden Prairie on the I-494 Study Project Management Team (PMT) . Motion carried unanimously. 9 IV . PUBLIC HEARINGS 4 s A. DOUGLAS CORPORATION HEADQUARTERS by Opus Corporation . Request for Planned Unit Development Concept Review on 95+ acres of land for office headquarters, manufacturing and distribution campus . Location: Highway #169 and Anderson Lakes Parkway. (Resolution No . 86-35 - PUD concept Approval/Denial ) Continued from March 4, 1986 i City Manager Jullie noted that this item had been con- tinued from the March 4, 1986. meeting in order that discussion could take place between the proponent and the School District regarding a potential school site on the property . Those negotiations have not been con- cluded ; therefore he recommended that the hearing be continued to a future date . He also noted that the April 15th City Council meeting agenda is very heavily loaded with items carried forward from the March 2Sth meeting. Redpath suggested that an additional City Council meeting be held in April rather than add more items to the agenda for the April 15th meeting. MOTION: Redpath moved , seconded by Anderson, that an additional City Council meeting for the month of April be scheduled on Tuesday, April 22 , 1986, at 7: 30 PM . Motion carried unanimously . MOTION: Redpath moved , seconded by Bentley, to continue the Douglas Corporation Headquarters item to the April 22nd meeting of the City Council to allow time for nego- tiations between Douglas Corporation and the School District . Motion carried unanimously. r -0 vt, City Council Minutes -4- April 1 . 1986 B . LANDSCAPE PRODUCTS CENTER, by Edenvale Industrial Company and Landscape Products Center, Inc - Request for Site Plan Review within the I-2 Park District on 4.88 acres with variances to be reviewed by the Board of Appeals . Location: North of Highway #.5, south of Martin Drive . Ordinance #16-86 , Amending Zoning within I-2 Park District ) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified . Planning Director Enger said that both Item IV. B , ?LANDSCAPE PRODUCTS CENTER and Item IV . C . , EDENVALE MINI-STORAGE. involved the same Preliminary Plat and are located next to each other in Edenvale Industrial Park . He noted the Staff Report dated March 7. 1986 . in which both projects were reviewed . The Planning Commission reviewed bosh proposals at its March 10, 1986 , meeting and recommended approval of both by a 7-0 vote . Enger also noted the Staff Memorandum dated March 26, 1986 . highlighting changes suggested in response to three issues raised by the Planning Commission, includ- ing their concern regarding the views into the site , especially from Highway #5 Kay Schumacher addressed the proposal for EDENVALE MINI- STORAGE and John Wiley addressed the proposal for LAND- SCAPE PRODUCTS CENTER . Redpath commented on the location of the berming planned for the site and questioned the drainage design plans . Director of Public Works . Dietz replied that they had not seen any of the details of the Highway Department ' s drainage design plans for Highway #5 . Bentley asked if the assessments for the Drainage Assessment District established sometime ago had been levied . Dietz replied that the assessments had been levied . The issue of drainage was discussed . Bentley asked if the concerns regarding c-he sight lines of the property from Highway #5 had been adequately addressed. The question of sight lines was discussed . i Peterson asked if the suitability of a residence in the midst of the industrial area had been addressed . Enger said that discussion had centered on the fact that the d City Council Minutes -5- April 1 , 1986 residence is an integral part of the industrial opera- tion. Peterson asked about the restrictions regarding the residents on the property. Schumacher said that they would be typical security personnel such as an older couple who would provide the type of 24-hour security required . Anderson asked about the details of the fencing planned s for the south side of the project . Details of the height , appearance and weight of materials for the pro- posed fence were discussed . MOTION: Bentley moved , seconded by Redpath , to close the Public Hearing and to give- Zst Reading to Ordinance No . 16-86 . Motion carried unanimously . MOTION: Bentleymoved , seconded by Red path, to direct Pa Staff to prepare a Developer's Agreement as recommended and amended by the Planning Commission and Staff. Motion carried unanimously. C . EDENVALE MINI-STORAGE , by Edenvale Industrial Company and Landscape Products Center, Inc . Request for Site Plan Review within the I-2 Park District on 4.88 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 12 .5 acres into four lots for construction of a mini-storage facility. Location: North of Highway #5 , south of Martin Drive . (Ordinance ##17-86, Amending Zoning within I-2 Park District; Resolution No . 86-59 . Prelimiary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified . (See Item IV . B . , LANDSCAPE PRODUCTS CENTER, for Commission and Staff recommendations and discussion by Council members, Staff and proponents . ) MOTION: Bentley moved , seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No . 17-86 . Motion carried unanimously . MOTION: Bentley moved , seconded by Anderson, to adopt Revolution No . 86-59, approving the preliminary plat of Edenvale Mini-Storage for Edenvale Industrial Company and Landscape Products Center, Inc . Motion carried unanimously. City Council Minutes -6- April 1 , 1986 i MOTION: Bentley moved, seconded by Redpath , to direct Staff to prepare a Developer's Agreement as recommended and amended by the Planning Commission and Staff. Motion carried unanimously. Wiley then asked the Council for issuance of a grading permit prior to the 2nd Reading. Redpath asked when the 2nd Reading would be scheduled and noted that if it was scheduled soon an early grading permit should not be necessary . The consensus was to wait until April 22nd at which time the Council would reconsider the request for early grading if the Staff had not then completed the necessary agreements. D. WINDSONG by Daniel Koosman. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 8.36 acres, Zoning District Change from Rural to RM-6 .5 on 5 .86 acres and from R1 -22 to RM-6 .5 on 2 .5 acres, and Preliminary Plat of 9.16 acres into eleven lots and one outlot for construction of 9, four-plex units . Location: South of County Road #1 and west of Eden Bluffs . (Resolution #86-6©. Com- prehensive Guide Plan Amendment ; Ordinance #18-86 , Zoning District Change from Rural and RI -22 to RM-6 .5; Resolu- tion #86-61 , Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Larry Rice , Dan Koosman and Jerry Mezara addressed the proposal . Koosman provided a resume of the Wahldick & Rice Real Estate Group who will manage the project . (Attachment A ) Planning Director Enger noted that this project was first reviewed at the February 10, 1986 . meeting of the Plan- ning Commission . The item was continued to reconsider the density of the proposed project, transition between land uses and technical aspects of the site plan. Enger noted that the Planning Commission heard the item again at its March 10, 1986 , meeting. He also noted the Staff Report dated March ?, 1986, that reviewed the proposed revisions to the site plan to reflect additional acreage and to address site planning details . Enger said that , at the March 10th meeting, the Commission discussed their concern about the relationship of the proposed units to the surrounding property. On a 4-2 vote the Commission recommended approval of both the site plan/rezoning 8 City Council Minutes -7- April 1 , 1986 issue and the Comprehensive Guide Plan Amendment, subject to the revised plans and the recommendations of the Staff Reports dated March 7, 1986 , and February 7. 1986 . Redpath asked if the proposal was to have one owner per building with three units as rental property. Mr. Koosman replied that there would be one owner for the development . Bentley asked about the road alignments, access points . and sight lime distances in the vicinity of the project. Enger said teat Hennepin County has reviewed this and has determined that there is adequate sight line dis- tance in that location. Discussion of the question of road alignments in the vicinity followed . Peterson asked about the conditions management would fi impose regarding outdoor storage of boats and cars in the project . Mr. Koosman said there would be 2 units permitted per residence. Bentley asked about the number of spaces per unit for parking. Mr. Mezara replied that there would be one covered unit , two driveway spaces [ per unit and 29 guest parking spaces . Discussion followed concerning parking provided by the project . Redpath asked if there would be a Homeowners Association. Mr. Rice said there would be . Anderson commented on the possible problem of the one original owner amending the covenants at will. City Attorney Pauly said the impor- tant point would be the provisions relating to the amendment of the Covenant . Anderson expressed concern with changing low-density residential areas into medium-density residential areas once there is development in the area . Planning Direc- tor Enger noted that such a change had been approved in the area north of Flying Cloud Airport near Staring Lake when it was approved for a mixed density. Peterson asked about the sight lines from the areas to the south of the project . Mr. Mezara said that the residents to the south should see mostly plantings . Mr. Rod Haanen, 10108 Meade Lane, presented a petition from residents in the neighborhood requesting that the Council reject the proposal to amend the area from low density residential to medium density. (Attachment B) City Council Minutes -8- April 1 . 1986 Those signing the petition resided primarily in the Bluffs East area. Mr. Paul Rippe, 10689 Sherman Drive , expressed concern about the bona fide interest of the developer in the `. area and about the value of the proposed units not being comparable to the existing homes . He also asked about the review of previous projects completed by the developer. Bentley replied that the City of Eden Prairie has strict guidelines for developer's actions and conducts inspec- tions of the work. Peterson also noted that developers must follow the codes and requirements set up by Eden Prairie . Mr. Bob Martinez, 10?32 Jackson Drive , expressed his concern about the proximity of the proposed units to his property line . He also was concerned about the proposed change in the zoning after -lie had purchased property as well as the possibility that his property would be devalued because of the zoning change . Mr. Doug Moran, 10788 Jackson Drive , commented that when he purchased his home he had checked with City Hall and was told that the property was zoned residential, not k. rural . He said that he can overlook the project from the edge of his property. Mr. Gary Austin. 10783 Jackson Drive , commented that when he checked with the City Planning Office before he pur- chased his property he was told that the area was planned as single family residences . He also expressed concern about the management of the property and questioned the ownership of the units . Bentley noted that it seemed the crux of the issue is the question of a Guide Plan change . A discussion of zoning on the surrounding property and the issue of adequate transi- tion followed . Enger noted that he had informed the proponents when they first brought the project to him that it would be difficult to justify multiple-residential on the property. Peterson thought that something more creative , perhaps at a lower density, could be done to produce a greater mix but still be multiple residential . Anderson commented that there must be good reason to change the Guide Plan. MOTION: Bentley moved , seconded by Anderson, to close the Public Hearing and to deny Resolution No. 86-60 for �a City Council Minutes -9- April 1 , 1986 the Comprehensive Guide Plan Amendment . Motion carried unanimously. MOTION: Bentley moved , seconded by Anderson, to deny 1st Reading of Ordinance No . 18-86 for Rezoning. Motion ;' carried unanimously. MOTION: Bentley moved . seconded by Anderson. to direct the City Attorney to develop a Findings of Fact for Denial . Motion carried unanimously. MOTION: Bentley moved , seconded by Redpath, to deny Resolution No . 86-61 , approving the Preliminary Plat of Windsong by Daniel Koosman. Motion carried unanimously . Peterson asked if proponents would be required to pay the fees again if they wished to modify the project . Enger suggested that the proporents pay the fees again since the fees had been waived once before . V. PAYMENT OF CLAIMS NOS . 26267 - 26449 MOTION: Redpath moved , seconded by Anderson, to approve the Payment of Claims Nos . 26267 - 26449. Roll call vote : Anderson, Bentley, Redpath and Peterson voted "aye" . Motion carried unanimously . r. VI . PETITIONS, REQUESTS & COMMUNICATIONS There were none . VII . REPORTS OF ADVISORY COMMISSIONS 71here were none . VIII . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Counc ilmembers There were none . B . Report of City Manager 1 . Authorize expenditure of .funds for joint lobbying e forts for MDIF (Metropolitan Development and Investment Framework City Manager Jullie noted that a request had been made by the group formed to coordinate efforts during the Metropolitan Counc il 's process to adopt its pro- posed Metropolitan Development and Investment City Council Minutes -1 O- April 1 , 1986 Framework . They are asking for a financial commit- ment to their lobbying effort . Planning Director Enger stated that Eden Prairie's share would be about $2,000. Enger noted that the group, representing 12 communities in the Southwest area, had been meeting and had, put together a position paper. a draft of which was available with the materials for the Council meeting. Enger stated that the group needs to see the redraft of the MOIF proposal before going ahead with the lobbying effort . Peterson stated that he is philosophically opposed to hiring lobbyists and that he believed Eden Prairie 's position regarding the Met Council is substantially different from Scott and Carver Counties and Chan- hassen. Redpath also questioned the similarity of interests of the communities in the group. Discus- sion regarding previous lobbying efforts for Eden Prairie followed . Bentley nosed that the Metropolitan Council is not just a planning agency, but has control of sewer allocations as well as the development potential for an area . He noted the importance of the Investment Framework and his concern about the development of Eden Prairie if it is not changed . Anderson said that he would like to have a staff recommendation on the position paper. MOTION: Anderson moved , seconded by Bentley, to table the issue until April 15th . Motion carried unanimously . 2 . Selection of bond counsel for May 6 referendum City Manager Jullie noted the Staff Memorandum dated March 25 , 1986, recommending the Dorsey law firm as bond counsel for the May 6, 1986, Referendum. Anderson questioned the large variation between the two bids and asked whether those two firms are the only bond counsels available City Attorney Pauly noted that there are other firms that are recognized bond counsels . Jullie noted the use of the Dorsey firm in the past and the advantages of familiarity with Eden Prairie ' s procedures . City Council Minutes -11 -- April 1 , 1986 �^ 3 MOTION: Redpath moved , seconded by Bentley, that j _ the Dorsey law firm serve as bond counsel for the May 6. 1986,. referendum . Roll call vote: Anderson. r Bentley, Redpath and Peterson voted "aye.. . Motion carried unanimously. 3 . Set Special City Council meeting for April 4. 19860 _:00 PM, City Hall Lunchroom or referendum ballot questions MOTION: Bentley moved , seconded by Anderson, that a Special Meeting of the Council be held on April 4, 1986 . at 4: 00 PM in the City Hall Lunchroom to approve the ballot questions . Motion carried unani- mously. 4 . City Hall Site Selection City Manager Jullie noted that the negotiation process with representatives of the Feeders site is going well . He noted that there is still a ques- tion regarding the dedication of the floodplain. Redpath questioned what use the owner would have for a portion of the floodplain. Discussion of the commitment to floodplain issue followed . s Anderson noted the importance of knowing what the final agreement is before proceeding with selection. Bentley noted the importance of making a commitment on the site as soon as possible. Jullie said that the location of the portion of floodplain committed was important . Jullie also said that negotiations may end up with the owners asking for an encroachment near Technology Drive to make a buildable portion of land at the north end of the property. Bentley noted that , technically, floodplain is not part of the site issue . MOTION: Redpath moved . seconded by Bentley, that Site 3A (the Feeders site ) be selected as the loca- tion of the new City Hall . Motion carried unanimously. 5 . Discussion of Reuter, Inc . dRDIF Peterson noted that Mr. Reuter had asked the Council to sponsor a resolution encouraging the Metropolitan City Council Minutes -11- April 1 , 1986 MOTION: Redpath moved , seconded by Bentley, that the Dorsey law firm serve as bond counsel for the May 6 , 1986. referendum. Roll call vote: Anderson, Bentley, Redpath and Peterson voted "aye" . Motion carried unanimously , 3 . Set Special City Council meeting for April 4, 1986 , _: 00 PM, City Hall Lunchroom, for referendum ballot questions MOTION: Bentley moved , seconded by Anderson. that a Special Meeting of the Council be held on April 4, 1986 , at 4:00 PM in the City Hall Lunchroom to approve the ballot questions. Motion carried unani- mously. 4. City Hall Site Selection a City Manager Jullie noted that the negotiation process with representatives of the Feeders site is going well . He noted that thew is still a ques- tion regarding the dedication of the floodplain. Redpath questioned what use the owner would have for a portion of the floodplain. Discussion of the commitment to floodplain issue followed . Anderson noted the importance of knowing what the final agreement is before proceeding with selection. Bentley noted the importance of making a commitment on the site as soon as possible . Jullie said that the location of the portion of floodplain committed was important . Jullie also said that negotiations may end up with the owners asking for an encroachment near Technology Drive to make a buildable portion of land at the north end of the property. Bentley noted that , technically, floodplain is not part of the site issue . MOTION: Redpath moved , seconded by Bentley, that Site 3A (the Feeders site) be selected as the loca- tion of the new City Hall . Motion carried unanimously. 5 . Discussion of Reuter, Inc . dRDIF Peterson noted that Mr. Reuter had asked the Council to sponsor a resolution encouraging the Metropolitan 4E I `a City Council Minutes -12- April 1 , 1986 Council to reconsider their decision. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution #86-64, directed to the Metropoli- tan Council regarding the Reuter, Inc . dRDIF Resource Recovery Facility. Motion carried unani- mously. C . Report of City Attorney City Attorney Pauly reported on recent legislation in the area of tort reform that would relieve cities of some types of liability. He will provide further information when it is available . IX . NEW BUSINESS There was none . X . ADJOURNMENT MOTION: Redpath moved , seconded by Anderson, to adjourn the meeting at I0:45 PM . Motion carried unanimously. 6 APPROVED MINUTES ;r EDEN PRAIRIE CITY COUNCIL y FRIDAY, APRIL 4. 1986 4: 00 PM, CITY HALL LUNCHROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson. George Bentley, Patricia Pidcock and Paul Redpath Y CITY COUNCIL STAFF: City Manager Carl J . Jullie Assistant to the City Manager Craig Dawson; Director of Community Services Robert Lambert , Finance Director John Frane; and Recording Secretary Jan Nelson I . ROLL CALL Councilmember Pidcock was absent . : II . CALL TO ORDER Mayor Peterson called the meeting to order . III . RESOLUTION NO . 86-65 RELATING TO $7,700, 000 GENERAL OBLIGATION BONDS AND PROVIDING FOR AN ELECTION ON MAY 1986 ON THE ISSUANCE THEREOF MOTION: Redpath moved , seconded by Bentley, to adopt Resolution No . 86-65 , relating to $7.700, 000 General Obliga- tion Bonds and providing for an election on May 6 . 1986 on the issuance thereof . Motion carried unanimously. IV . SET SPECIAL COUNCIL MEETING FOR. TUESDAY APRIL 29, 1986 , 7 :30 PM, AT THE SCHOOL DISTRICT BOARDROOM AND CANCEL A PR I L 12 SPECIAL MEETING Peterson noted that the Rotary Awards Banquet was scheduled for April 22 and several councilmembers would be attending that event . MOTION: Redpath moved , seconded by Anderson, to set a Special Council meeting for Tuesday, April 29 , 1986 . 7: 30 PM. t at the School District Boardroom and to cancel the April 22 Special Council meeting . Motion carried unanimously. V . NEW BUSINESS City Manager Jullie noted some changes in the Staff that will require some additions and some reorganization. City Council Minutes -2- April 4, 1986 Redpath asked about the search for a Human Resources Director. J ullie noted there had been almost 90 applicants for the job and that there should be someone on the job by mid-May. VI . ADJOURNMENT MOTION: Re* dpath moved , seconded b Ben tley.n tle y. to adjourn the meeting at 4 : 15 PM . Motion carried unanimously. I