HomeMy WebLinkAboutCity Council - 04/29/1986 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, APRIL 29, 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
to the City Manager Craig Dawson , City
Attorney Roger Pauly , Planning Director
Chris F.nger, Director of Community
Services Robert Lambert, Director of
Public Works Eugene A. Dietz , and
Recording Secretary Jan Nelson
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: VI . B . 2 .
Report on Round Lake Water Level; VI . B . 3 . Process for
Selection of Human Resources Director
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 . Regular City Council Meeting held Tuesday , February 4, 1986
page 12 , second paragraph, second sentence : change "there"
to "their" . s
MOTION: Bentley moved , seconded by Anderson, to approve
the Minutes of the City Council Meeting held Tuesday. Feb-
ruary 4, 1986, as amended and published . Motion carried
unanimously.
B. Regular City Council Meeting held Tuesday , February 18 , 1986
MOTION: Redpath moved , seconded by Anderson, to approve the
Minutes of the City Council Meeting held Tuesday, February 18 ,
1986 , as published . Motion carried unanimously.
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City Council Minutes -2- April 29, 1986
C . Special City Council Meeting held Tuesday. February 25 , 1986
MOTION: Bentley moved , seconded by Anderson, to approve the
Minutes of the Special City Council Meeting held Tuesday, '
February 25 , 1986 as published . Motion carried unanimously.
D. Special City Council Meeting held Tuesday, March 11 , 1986
MOTION: Bentley moved, seconded by Anderson, to approve the
Minutes of the Special City Council Meeting held Tuesday,
March 11 , 1986 , as published . Motion carried unanimously .
E . Regular City Council Meeting held Tuesday. April 15 , 1986
MOTION: Anderson moved, seconded by Bentley, to approve the
Minutes of the City Council Meeting held Tuesday, April 15,
1986 , as published . Motion carried unanimously .
III. CONSENT CALENDAR
A . Final Plat aRprcval for Timber Creek Woods Second Addition
Resolution No . 86-767—
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MOT o t ION• Bentley moved , seconded by Redpa .,h, to approve
item A on the Consent Calendar. Motion carried unanimously .
IV . PUBLIC HEARINGS
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 hakes Parkway .
(Resolution No . 86-35 - PUD Concept Approval/Denial ) Con-
tinued Public Hearing from March 4, 1986 and April 1 , 1986
City Manager Jullie noted that this item had been continued
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from the March 4 and April 1 . 1986 , meetings of the Council .
Mr. Arlyn Grussirg, Director of Planning and Development for
Douglas Corporation, and Mr . Bob Worthington of Opus Corpora-
tion addressed the proposal .
Planning Director Enger said the Planning Commission first
reviewed this item at its November 25th meeting; and was
concerned about the item creating an imbalance between in-
dustry employment and housing in the City . The item was t
continued to the December 9th meeting of the Commission to
allow time for Staff to provide alternatives to recommend to
the Council .
City Council Minutes -3- April 29 . 1986 r
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Enger noted the initial Staff report of November 22, the
additional recommendations contained in the Staff report
of December 6th and some additional information on how the
proposal would affect the "big picture" contained in his memo
of December 6th . He said that the Commission, at its Decem-
ber 9th meeting, felt that the proposal did not go far enough
towards a "special type" of industrial use, and moved to con-
tinue the item to the January 13th meeting to allow time for
the proponent to reconsider the proposal in view of the con-
cerns expressed by the Commission and Staff .
Enger further noted that , at the January 13th meeting. the
Commission reviewed the letter received from the Douglas
Corporation stating that the plan they had presented was
their "best effort" and no further changes would be presented
at that time . The Commission then recommended denial of the
request for a PUD concept review on a 4-2 vote .
Redpath asked if there had been a fairly recent Comprehensive
Guide Plan change for the area around the proposed site that
designated office area along Hwy 169. Enger said that the
land included in the proposal was designated high density
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residential or office .
Director of Community Services Lambert said that the Parks ,
Recreation & Natural Resources Commission reviewed the pro-
posal at its February 3 , 1986 , meeting. He said that the
Commission noted that the major question on this request was
the land use . Lambert referred to his memo of January 31
to the Commission that presented Staff comments on the pro-
posal . He said that the Commission recommended approval of
the PUD concept on a 6-0 vote with several conditions in-
cluding preservation of open space , the addition of a park-
way system and payment of cash park fees .
Anderson asked if the question had been answered as to how
the land along the lake and creek would be handled . Lambert
responded that , while proponent had proposed dedicating
4-5 acres by the creek in lieu of cash park fees , the Parks
Commission and Staff felt that a scenic easement would be a
better solution if the proponent did not want to dedicate
the land to the City as a gift .
Peterson asked what the basis was for the Planning Commis-
sion' s conclusion that the proposed configuration and the
construction plans were not the best . Enger said that the
Commission was concerned about prcportions--a major-ILy of
f the building was proposed to be manufacturing plant with a
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City Council Minutes -4- April 29. 1986
small office building attached to it . He said the Commission
was also concerned with the potential for future expansion
of the project . particularly in regard to adding rooftop
mechanical equipment and any building additions made during
the 15-year period of development planned by the proponents .
Redpath asked if the hang-up is the design of the building.
the 20 acres at the end of the building or that the pro-
ponents had refused to change the plans . Enger stated that
the main differences in each of the three Planning Commis-
sion meetings were in the information presented by Staff
and that proponent had presented no new information beyond
the original plans . Redpath expressed his concern about
proponent paving been somehow falsely encouraged in present-
ing their plans for the site . Discussion followed about
previous concepts and plans suggested for this site .
Bentley noted that he believed Douglas Corporation had been
encouraged to come back with a plan that would convince the
Council tha-; the site could be used for industry. He pointed
out the idea was to make it difficult enough so that the site
could not then be opened up to any sort of industrial devel-
opment .
` Peterson noted that at this point the merits of the concept
should be reviewed and approval would be based on its being
judged a superior product . Bentley asked why this particular
project should have to be superior to any other industrial
project in the City. Peterson responded that over the pre-
vious months of deliberation it was determined there would
have to be very good reason to give the site an industrial
category rather than office or medium/high density residen-
tial . Discussion followed concerning the requirements for
approval of an industrial project on the site .
Anderson noted that he had thought of this area in terms of
multi-residential and corporate headquarters, but not indus-
trial , and therefore was concerned about the change in land
use . He noted that he would like to see more work done on
the plans . He also said he felt that visibility is very
important in this area and that we have responsibility to
the residents in the area for visibility. Pidcock asked
how this project would impact the people in the area . Enger
said it would be visible to residents in the Centex develop-
ment . A discussion of visibility followed .
Redpath asked why the decision was made to not change the
plans in response to the Staff recommendations . Mr. Worth-
ington responded that at the first meeting they were
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City Council Minutes -5- April 29, 1986
encouraged by the Planning Commission in their early concept
but that at the second meeting they felt a different atti-
tude as the Commission returned to the issue of land use .
He said that after requesting a continuance to a third meet-
ing, proponents conferred and decided that they had an inno-
vative concept and that they would not revise the plans
until they were more certain that the industrial use for
the site would be approved .
Redpath asked about the location of the land that the School
District was interested in. Mr. Worthington pointed out the
area on the plans and said that it might require a realign-
ment of the road or other adjustments.
Bentley asked what the impact would be to our sewer alloca-
tion if the discharge plan for the project could not be
worked out and water had to be discharged into the sewer
system. Enger responded that their estimates show that a
residential component would have more sewage discharge than
the fully-completed Douglas plant .
Bentley asked about the location of an outlet to the south
of the development . Enger said the outlet would be to the
northern access road to Vo-Tech . Bentley then asked about
the timetable for the Hwy 169 upgrade . Director of Public
Works Dietz responded that work is now scheduled to begin
in August of 1987 , with completion of four lanes to Hwy 1
in 1988 .
Peterson asked about possible alternate types of parking for
the development . Mr . Worthington said he felt the proposed
berming and landscaping would be sufficient to screen the
parking lots along the distribution road but that they might
be willing to consider alternatives .
Pidcoc k asked about the roadway through the site and if it
would be a one-way system. Mr . Worthington pointed out the
location on the plans and said it would not be one way . r
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Anderson asked if the proponents would be willing to work
with Staff and the Council to bring back more detailed plans
if the zoning is changed to meet their needs . Mr. Worthington
said they would .
Mr . Keith Orner, 8880 Knollwood Dr. . expressed concern about
the air quality of emissions from the building and about the
visibility of the project from his residence He also was
concerned about the future growth of the manufacturing opera-
tion. He said he believed the site should remain as a resi-
dential site .
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City Council Minutes -6- April 29, 1986
Mr . James McGlennen, 8888 Knollwood Dr. , said that he bought
his property on the assumption that the site was zoned resi-
dential . He felt that the land to the northwest of Research
Road should , in any case , remain residential . He also ex-
pressed concern regarding the covenants made for the open
space . He asked about the aerosols from the electro-plating
process and what methods of control there would be on air
quality.
Mr. Grussing explained the technology involved in the electro-
plating process and said that there would be no hazardous
wastes created . Mr. Worthington noted that the electro-plating
function would probably be the last one to be moved to the
site .
Mr . Chuck Shaw, 8615 Hiawatha Ave . , spoke in favor of the
project . He expressed his concern about the trend of busi-
nesses leaving Minnesota . He also described some problems
that can occur with high-density residential developments .
Bentley noted that uses considered on this property had been
quite varied in recent years. He said his thoughts on the
parcel were that the southern part of the site would be suit-
able for high-tech office/industrial type of use compatible
with Vo-Tech and that the northern part would then be resi-
dential . He noted that he had resisted designating the area
industrial , as that would have brought many proposals for the
site . He further said he felt this proposal has gone a long
way to convince him that an industrial use can be accomplished
on this site .
Bentley asked if the PUD concept approval would require a
Guide Plan change . Enger said that a Guide Plan change had
not been requested and that it would be feasible to obtain
PUD concept approval at this point without a Guide Plan
change . Enger said the proponents could then proceed with
plans for a first phase with a subsequent request for a first
phase rezoning and a Guide Plan redesignation.
Bentley then noted that , should there be PUD concept approval ,
proponents would then have to provide additional assurances
as to the plans for the southern and western portions of the
site , air quality standards, and specific traffic flows as to
numbers and patterns .
MOTION: Bentley moved , seconded by Red path , to close the
Public Hearing, to direct staff to prepare Resolution No .
86-35 , approving the Planned Unit Development concept, and
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City Council Minutes -7- April 29 , 1986
to direct staff to prepare a Developer' s Agreement per
Commission and Staff recommendations and including con-
tinued dialogue and cooperation with the School District .
Anderson expressed his concerns about this proposal being
the highest and best use of the land and asked City Attorney
Pauly if it was possible to tie up the restrictions regard-
ing water and air emissions . Pauly noted that any resolution
or agreement entered into would be on condition that cer-
tain standards be met . Pauly noted that concept approval is
no more than that and there is no obligation on the part of
the Council to adopt a development PUD, rezoning or a sub-
division.
lambert asked if the Council would like Staff to pursue the
idea of the City working with Vo-Tech and proponent to devel-
op the southern portion of the land in a joint effort . A
discussion regarding possible joint uses followed .
Pidcock expressed her concern that this might develop into
a situation similar• to the landfill situation some years
from now as far as chemicals in the ai.r and water . Peterson
noted that they would be subject to the appropriate Minne-
sota state regulations and control mechanisms .
! VOTE ON THE MOTION: Motion carried with Pidcock voting
.#no..
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B. TOUCH OF CLASS INTERIORS by Kate and Craig Halverson .
Request or Comprehensive Guide Plan Amendment from Low
Density Residential to Office , and Zoning District Change
from Rural to Office for an interior design studio . Loca-
tion: Southwest quadrant of County Roads #1 and #18 .
(Resolution #86-50, Comprehensive Guide Plan Amendment ;
Ordinance #14-86 Razoning) Continued Public Hearing from }
March 25 , 1986 and April 15 , 1986
City Manager Jullie noted that this item was continued
from the April 15 , 1986, meeting of the Council.
Planning Director Enge r reviewed the status of the project
and noted the letter from the Halversons dated April 17 ,
1986 , indicating the extent of their plans for development
of the property . He noted that the Planning Commission did
not act on the zoning request in the required 60-day period ,
therefore the Council could now act on the request for re-
zoning.
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City Council Minutes -8- April 29, 1986
Mr . Fred Hois ington, representing the proponents , said that
he and the Halversons were present to answer questions .
There were no comments from the audience .
MOTION: Pidcock moved . seconded by Bentley , to close the
Public Hearing and adopt Resolution No . 86-50 approving
the Comprehensive Guide Plan Amendment from Low Density
Residential to Office . Motion carried with Anderson voting
..no., .
MOTION: Pidcock moved. seconded by Bentley, to adopt 1st
Reading of Ordinance No . 14-86 for rezoning.
Anderson noted that he has concerns about what is planned
for the surrounding area and about a trend to spot zoning,
particularly at intersections . Bentley said he felt the use
is consistent in the long term to what is appropriate use
for the entire quadrant . c
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Anderson expressed his concern that a precedent is being
set by approving this item. Redpath said he did not believe
we are setting a precedent . A discussion followed regard-
ing the potential development of the area and the plans for
upgrading Hwy 18 .
VOTE ON THE MOTION: Motion carried with Anderson voting
,ono„
MOTION: Pidcock moved, seconded by Bentley, to direct staff
to prepare a Developer' s Agreement for the proposal includ-
ing Commission and Staff recommendations and the letter of
April 17 , 1986 , from the Halversons , subject to approval .
of variances by the Board of Appeals . Motion carried with
Anderson voting "no" .
V . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
V I . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A . Reports of Council Members
1 . Bentley -
Bentley noted that, because of the polls closing at
8 : 00 PM for the referendum on May 6th and the School
City Council Minutes -9- April 29, 1986
Board election on May 20th, the Council meetings on
those dates could not convene until 8: 00 PM.
MOTION: Bentley moved , seconded by Pidcock, to convene
the May 6, 1986, and May 20, 1986, meetings of the City
Council at 8: 00 PM. Motion carried unanimously.
B . Report of City Manager
1 . Authorize expenditure of funds for Joint lobbying
efforts for MDIF (Metropolir"tan Development and Invest-
ment amework - continued from April 1 . 1986and
April 15 , 1986
Planning Director Enger noted his memo of April 25 ,
1986 , to the. Council that reviewed the revised M+D IF
and suggested three possible action items for the
Council, as follows:
1 . We would suggest that Council direct Staff to write
a letter to the Metropolitan Council asking for an
additional sixty days prior to the firs: public hear-
ing on this matter for purposes of holding at least
four sub-regional meetings out within the Metropoli-
tan area to take testimony on the currently pro-
posed MDIF .
2 . If the Council is interested in an Eden Prairie
lobbying effort , we would suggest that they begin
contacting our local legislators and members of the
Metropolitan Council with whom relationships have
been established , in order to go over the key points
outlined above.
3 . We do feel there is merit to participating with the
other southwest area communities in a joint effort
on those items of common concern. Therefore , we
would suggest that rather than being left out of
the lobbying effort, the City Council participate
to the extent of $2, 000.00 in the joint lobbying
effort on those issues upon which the communities
agree as listed above .
Peterson asked about the wording of the first suggested
action and the likelihood of them granting the additional
60 days requested . Enger responded that it was designed
to make the Metropolitan Council come out to the suburbs
for sub-regional meetings on the matter and noted that
such meetings had been held on other items.
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City Council Minutes -10- April 29, 1986
Enger noted that one of the major concerns about the
current proposal is that there may not be flexibility
on the part of the Met Council.
MOTION: Bentley moved , seconded by Anderson, to approve
the three actions suggested in the staff memo of April
24 , 1986 , including the $2 ,000 .00 participation in the
joint lobbying effort . Roll call vote : Anderson,
Bentley, Pidcock, Redpath and Peterson voted "aye
Motion carried unanimously.
2 . Report on Round Lake Water Level
City Manager Jullie reported on the problems created
by the extremely high water level of Round Lake . He
said that pumping is scheduled to begin next week to
help alleviate the problem. He noted that , because of
the concerns of property owners around Mitchell Lake ,
water would not be pumped into Mitchell Lake as before ,
but would instead be pumped into the Purgatory Creek
area.
Jullie said that the pumping is a short-term solution
only and noted that , for the long term, Barr Engineering
has completed their report on the Chain of Lakes feasi-
bility study . The report is scheduled to go to the
Watershed District Board meeting on May 7th for review
and , if approved , the Council should have the report
at the May 20th meeting. He noted that the Comprehen-
sive Drainage Plan developed in the early 1970 ' s had
called for Round Lake to act as a storage reservoir.
Anderson asked if we can expect to maintain the level of
Round Lake in the next few years with the pumping into
Purgatory Creek. Jullie said that he believes there is
a suggestion in the Chain of Lakes report for a short-
term solution that outlets Mitchell Lake in addition to
the suggestions for a long-term solution.
Anderson asked if the pumping could be relied on to
alleviate the recreational loss caused by the current
high water level . Jullie responded that it will take
about 30 days to bring the level down and that after
that time it would depend upon the rainfall . Anderson
noted that Round Lake is the most visible lake and so it
is important to keep it as usable as possible . Discus-
sion followed regarding lake drainage in the surrounding
area lakes and anticipated costs for the drainage project .
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City Council Minutes -i1- April 29, 1986
Red path asked if the budget would cover the costs of
pumping. Jullie said that there is money to cover the
planned short-term pumping efforts but not for pumping
all summer.
Bentley noted that he felt Staff should be prepared to
make specific recommendations on what can be done to
keep the water level down in the interim period until
the long-range solution is implemented .
Red path asked about the effect of pumping water into
Purgatory Cree.c . A discussion of the possible negative
consequences of the pumping project followed .
Jean Deneve , 7605 Carnelian Lane , expressed concern
that the pumping program will cause problems with a
pond located behind his house . Director of Community
Services Lambert responded that the pond was originally
a natural pond that had become a holding pond .
Bob Villars . 7616 Carnelian Lane , expressed concern
about this as a continuing problem that needs a perma-
nent solution and also about the funding needed to
maintain such a solution.
Anderson noted that the real need is to stabilize the
water level because some years it has been necessary
to pump water into Round Lake because of low water levels .
Melody Villars , 7616 Carnelian Lane, noted her concern
about spending money on new parks before repairing exis-
ting facilities .
Nancy Schmitt , ?635 Carnelian Lane , expressed her con-
cern that no more trees would be planted or another path
made before a permanent solution is reached .
Peterson suggested that the area residents be notified
when the Council is scheduled to review the Chain of
Lakes report .
3 . Process for Selection of a Human Resources Director
City Manager Jullie said that four candidates were
interviewed last Thursday and that he had selected
Natalie Swaggert , currently with Target, for the posi-
tion. He said she will be starting work on May 13th .
C . Report of City Attorney
There was no report .
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City Council Minutes -12- April 29, 1986
VII . NEW BUSINESS
There was none .
VIII . ADJOURNMENT
MOTION: Anderson moved , seconded by Bentley, to adjourn the
meeting at 10:50 PM. Motion carried unanimously .
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