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HomeMy WebLinkAboutCity Council - 07/15/1986 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , JULY 15 , 1986 7 : 30 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, Finance Director John D. Frane , Senior Planner Mike Franzen, 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 . d I . PRESENTATION BY COMMUNITY THEATER ON ITS PRODUCTION OF "MUSIC n MAN" A quartet from the Community Theater presented two songs and then announced their upcoming production of the "Music Man" to begin July 24th for two weekends. +I II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X . A . 1 . Pid- cock - Williams Pipeline ; X . A . 2 . Pidcock - Request for r Review of Au it ; X . A . 3 . Pi cock - Commendation for John rane ; X . A . 4. Pidcock - Commendation for Chris En er; 5 . Pidcock Feed5ack from Counciliembers on Strategic Planning; X . A . 6 . Pidcock - Letter from ox McCue -& ul� r h ; X . A. 7 . Anderson - Goose Problem; X . A . 8 . Redpath - Re uest from the Methodist Church and Pix C risti ; X . A. 9 . Peterson - Request from STDiritual Assembly -3f the B 'a a; X . B . 4. Request from Nae ele for SiQ Permits X . B . 52 Request from Castle Ridge Nursing Home for Special Council Meeting; X. D. 4 . Bid Award for Wyndham, Knoll Resolut on NO . 86-1 The following item was added to the Consent Calendar; Q . Receive FeasibilityReport for Riverview Road and Riverview Drive Im rovements and set Public Hearing for August 19=861 I.0 . 52- 0 Resolution No . - 7 s w }L City Council Minutes -2- July 15, 1986 MOTION: Anderson moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously. III . MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY J ULY 1 =8 The following changes were made to the minutes: page 6 , para- graph 4, sentence 4, change "Staff. " to "Staff with a commit- ment from the developer that there will be a pond . " ; page 9, last paragraph, sentence 8, change "planned to discuss" to "had discussed" and sentence 9, change "Natalie Swaggert" to "asked him to consult with Natalie Swaggert" . MOTION: Pidcock moved, seconded by Redpath, to approve the Minutes of the regular City Council Meeting held Tuesday, July 1 , 1986, as amended and published . Motion carried unanimously. IV . CONSENT CALENDAR A . Homeward Hills Park Improvements B . Final Plat approval for Westover Woods (along Cumberland Drive , west of Anderson Lakes Parkway and T .H. Reso- lution No . - 2 C inued from July 1 , 1986 C . Certificate of Correction for Cedar Hills West Plat D . Final Plat approval for Mount Curve Addition SW Corner Franlo at Mount Curve Resolution No . - 70 E . Final Plat approval for Edenvale Executive Center (Equitable RELvel Resolution No . - 7 F . Final Plat approval for Coachman' s Landing Fourth Addition (Village Woods Drive West of Mitchell Mitche112 Resolution No . - ?2 G. WESTOVER WOODS , by Tandem Corporation. 2nd Reading of Ordinance 29-86-PUD-4-86. Zoning District Change from Rural to PUD-4-86 , including the RI-13 .5 and R1-9 .5 Dis- tricts; Approval of Developer' s Agreement for Westover Woods; and Adoption of Resolution #86-155, Authorizing Summary of Ordinance #29-86-PUD-4-86 and Ordering Publica- tion of Said Summary. PUD District Review on 15 acres and Rezoning on 11 .9 acres with variances and Shoreland Manage- ment variances, into 42 single family lots and 2 outlots . Location: South of Anderson Lakes Parkway and New Cumber- land Roads intersection. (Ordinance #29-86-PUD-4-86. PUD y rt ,tj iq City Council Minutes -3- July 15, 1986 District and Rezoning; Resolution #86-155, Authorizing Summary and Publication) Continued from July 1 . 1986 H . Receive Feasibility Report for Crestwood Terrace Paving Improvements between CSAH I and Dell Road and set Public Hearin for August 19, 1986 , I.C . 2-0 Resolution No . - 73 I . Receive Feasibility Report for Bluffs East 4th. Addition and vicinity Street and Utility Improvements south of CSAH I and West of CSAH and set Public Hearing for u st 19, 1986, I .C . -O (Resolution No . - 7 J . Receive Feasibility Report for Valley View Road Improve- ments west of Golden Tri.an a Drive and set Public Hear- ing for August 119, 1986g I.0 . 2-0 Resolution No . - 75 K. Receive -petition for Street and Utility Improvements for Prairie View Drive and Authorize Pre ration of a Feasi bility Report, T .C . 2- 0 Resolution No . - 7 L. Public Safety Safe House Program M. NORMANDALE TENNIS CLUB , by Arteka, Inc . Approval of Devel- oper' s Agreement for Normandale Tennis Club . Location: Southeast quadrant of Baker Road and West 62nd Street . N. ENNIA COVE ADDITION, by Robert R . Gersbach . Approval of Developer' s Agreement for Emma Cove . 5 .7 acres into eight single family lots and one outlot . Location: South of Baywood Lane , West of County Road #4, north and east of Duck Lake . O . CMS REGIONAL HEADQUARTERS, by Welsh Construction Corp. 2nd Reading of Ordinance -86, Zoning District Change from Rural to I-2 Parks Approval of Developer' s Agreement for CMS Regional ;.cadquarters; and Adoption of Resolution #86-162, Authorizing Summary of Ordinance #33-86, and Ordering Pub- lication of Said Summary. Rural to I-2 Park on 3 .24 acres, and Preliminary Platting of 5.25 acres into 2 lots for con- struction of a 33 ,000 square foot building. Location: West of Executive Drive, north and east of Equitable Drive (Ordinance#33-86, Rezoning; Resolution #86-162 , Authorizing Summary and Publication) P. Final Plat approval for Carmel 4th Addition (Resolution No . 8 -178 I 1z 3^ City Council Minutes -4- July 15, 1986 Q . Receive Feasibility Report for Riverview Road and River- view Drive Improvements and set Public Hearing for August 19, 1986 , I.0 . 52- 0 Resolution No . - 7 Bentley noted that he would vote to approve Item M. the Normandale Tennis Club, because it is approval of the Developer' s Agreement only but that he still objects to the project itself and the zoning therein. MOTION: Redpath moved, seconded by Pidcock, to approve Items A - Q on the Consent Calendar. Motion carried unani- mously . V. PUBLIC HEARINGS A . SHADY OAK RIDGE, by Joe Ruzic . Request for Comprehehsive Guide Pian Amendment from Medium Density Residential to Low Density Residential on 11 .5 acres, Zoning District Change from Rm-6 .5 to RI-13 .5 on 9.5 acres, and from RM-6 .5 to Rural on 2 acres, and Preliminary Plat of 10.06 acres into 16 lots and. 2 outlots for a single family development . Location: North of Rowland Road , west of Old Shady Oak Road . (Resolution #86-165, Comprehensive Guide Plan Amend- ment ; Ordinance #38-86, Rezoning; Resolution #86-166, Pre- liminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Ron Krueger, representing proponent , addressed the proposal . Senior Planner Franzen zaid that this project was reviewed by the Planning Commissiou. at its June 23, 1986 meeting at which time they recommended approval on a 6-0 vote, subject to the recommendations in the Staff Report of June 20th. He noted that Staff is recommending that provisions be made for a road connection to Rowland Road to provide a second access to the project . Director of Community Services Lambert stated that the Parks, Recreation & Natural Resources Commission reviewed this item at its July 7, 1986 meeting. He said the primary con- cerns raised at that meeting dealt with tree loss and the grading required . He also said the Parks Commission recom- mended that a sidewalk be built on one side of Shady Oak Ridge Road through the project rather than the trail con- nection proposed for the previous multi-family project . He said the Parks Commission recommended approval per the Staff Report on a 6-0 vote . City Council Minutes -S- July 15, 1986 Redpath asked if the previously-approved townhouse devel- opment would have saved the top of the hill . Franzen said it would have . Redpath then noted that he believ(-d there had been grading done already. Franzen said that there had been and that, upon checking on reports of grading, Staff had determined that it followed the previously- approved plan for the project . Franzen then explained =° the cuts required to maintain the proper road grade . Anderson asked where the road through the project ends up. Krueger responded that the road is a temporary cul-de-sac now but that it will be continued through to Rowland Road . Anderson asked about the parks serving the project lam- bert said that the Rowland Road exit will be across from the County park and that the neighborhood park will be Carmel Park to the northwest of the project . Anderson asked if, in projects like this, it i3 necessary to take off the top of the hill or if it is feasible to increase the grade of the road to avoid severa grading on the hill . Dietz said that the road grade limit is 8% and noted that even a f 0% grade would require significant grad- ing on the hill . Anderson said he feels it is a dilemma 4 that , in order to develop the land, the character of the land must be changed and that he doesn't like to change the character of the land unless absolutely necessary. He said he believed there must be ways of working out grades to go around and not go straight through knocking off the tops of hills . A discussion of grading, tree inventory on the project and changes in the land on similar locations in other areas followed. Dietz showed an illustration of the sight lines of the project from various points on the roads around it. Ander- son asked how the homes are located on the site . Dietz pointed out the elevation of the homes on the map of the project . Pideock said she also does not want to see the topography of the countryside changed and requested that Staff come back in a month or so with some suggestions as to how this sort of thing can be avoided in the future . Dietz noted that there is not a great deal of flexibility to move back and forth in the development of this project and that the size constraints create problems. Bentley- said he agreed we must preserve our high points as they become fewer and farther between but noted that he City Council Minutes -6- July 15 , 1986 C believed this development is more compatible with other developments to the north and west than is the alternative of a multi-family residential project . He said he didn't like to knock 40 feet off the top of the hill, but in this case there doesn't seem to be an alternative . Peterson said he thought an alternative, although it might not be acceptable to anyone, would be to come in from the north and the south with cul-de-sacs and leave the top of the hill undeveloped . There were no comments from the audience . Joe Ruzic , proponent , noted that the current density of 1 .5 works but it won' t be very profitable and that anything less would definitely not be profitable . Peterson asked if the grading for the road will be done the entire distance from north to south even though the south- ern part will be developed later . Krueger responded that it will and that they expect to come right back with a request for the second phase development . MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No . 86-165 for Compre- hensive Guide Plan Amendment from Medium Density Residential to Low Density Residential . Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Ist Reading o3 Ordinance No . 38-86 for Rezoning from RM-6 .5 to R1-13 .5 on 9.5 acres and from RM-6 .5 to Rural on 2 acres . Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Reso- lution No. 86-166 approving the Preliminary Plat of 10 .06 acres into 16 lots and 2 outlots . Motion carried unanimous- ly . y f MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating the Commission and staff recommendations and with the stipula- tion that approval of 2nd Reading of the Zoning and the Developer's Agreement be contingent upon receiving the tree inventory as requested in the Staff Report of June 20th . Motion carried unanimously. Anderson then stated that it would be very difficult for him to vote for any more projects that come through with a similar grade cut or any major changes to the topography of the land since he felt there must be a better way to develop the land . lr 25 k City Council Minutes -7- July 15, 1986 MOTION: Bentley moved, seconded by Anderson, to direct Staff to review and recommend a policy that the City might be able to implement regarding the changing of topography in the community and present it to the Council for discus- sion at a September meeting. Peterson asked if there is any existing policy that has to G do with changing the topography of the land . City Manager Jullie responded that we have a steep slopes ordinance that can be used as a tool for insisting on a thorough review and that he thought it was important to not develop a rigid policy that will have to be changed often as various proj - ects are reviewed . Pidcock suggested that wr. research other communities to see what they are doing. Anderson said he thought the Crosstown highway coming through will cause heavy development in the area around this project and that he thought this policy would be a means of res- ponding to the Planning Commission's request for guidance . He said he thought this is the direction in which we should go to make a concerted effort to preserve as much of the topography as possible . VOTE ON THE MOTION: Motion carried unanimously. B . WINDSO NG, by Koosman and Rice Co . Request for Planned Unit Development Concept Review on 39 .62 acres for multiple Residential. Industrial, and Open Space land uses, Planned Unit Development District Review on 39.62 acres with Zoning District Change from Rural to RM-6 .5 on 12 .03 acres, and Preliminary Plat of 39.62 acres into 20 lots and 6 outlots for construction of 72 multiple family units . Location: West of Purgat.,-y Creek, east of Chestnut Drive . (Resolu- tion #86-163, PUD Concept : Ordinance #37-86-PUD-6-86, PUD District and Rezoning; Resolution #86-164, Preliminary Plat ) City Manager Jullie stated that notice of this Public Hear- ing had been published and property owners within the proj- ect vicinity had been notified . Dan Koosman, proponent, addressed the proposal. Senior Planner Mike Franzen said that this project was re- viewed by the Planning Commission at its June 23, 1986 meeting at which time they recommended approval of the project on a 6-0 vote subject to the recommendations con- tained in the Staff Report of June 20th He noted that the density of the project is six units per acre . e r City Council Minutes -8- July 15. 1986 Bentley asked if they are proposing the dedication of the t floodplain area. Franzen said they are . Director of Community Services Lambert said that this proj- ect was also reviewed by the Parks, Recreation & Natural Resources Commission at its July 7th meeting and recommended approval per the recommendations of the Planning Staff re- port of June 20th . He said the Parks Commission also recommends the inclusion of a sidewalk around the outside of the loop road in the project and the continuance of the sidewalk/trail system along Chestnut Drive on the southern property line to provide future access to the floodplain. J He further noted that, while there is no requirement for dedication of the floodplain area because of the requirement to pay cash park fees, the developer is willing to donate the floodplain area as a gift . Pidcock asked if the units are for sale or to be rented . Koosman replied that they are for sale to investors who will then rent out the units . Peterson asked if they ex- pected that one or more major investors would buy the units . Koosman said presales have been for at least four units . Pidcock asked if the units are condominiums or apartments . Koosman said they are condominiums. Kathleen Stenehjem, 6391 Duck Lake Road, asked if the prop- erty owners to the south would be assessed for the side- walk/bikeway on Chestnut Drive . Lambert responded that the most likely solution would be to bond for the construc- tion of the trail until the property to the south is devel- oped and then have the developer of that property put in the trail . Franzen said that Staff has been in conversation with several proponents on that property and said that Staff has informed them of the requirement for the extension of the trail . Pidcock asked how the property to the south is guided . Franzen replied that it is guided for medium-density resi- dential . Pidcock asked what types of trees would be planted . Larry Rice , proponent, responded that there would be ash, maple, r oak and some evergreens and noted that there will be almost two times the required amount of landscaping. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No . 86-163 approving the PUD Concept Review. Motion carried unanimously. j s^ At City Council Minutes -9- July 159 1986 MOTION: Bentley moved, seconded by Redpath, to adopt 1st Reading of Ordinance No . 37-86-PUD-6-86 for approval of PUD District Review on 39.62 acres with Zoning District Change from Rural to RM-6 .5 on 12 .03 acres . Motion carried unanimously . MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No . 86-164 approving the Preliminary Plat of Windsong for Koosman and Rice Company. Motion carried unanimously. MOTION: Bentley moved , seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating the Commission and Staff recommendations, the proposal on the road extension and trail system going to the edge of the property and the details of the dedication of the flood- plain. Motion carried unanimously. C . PRAIRIE COURTS, by Ronald A. Christenson. Request for Comprehensive Guide Plan Amendment from Office to Neigh- borhood Commercial on 3 .7 acres, Planned Unit Development Concept Amendment on 37 .19 acres, Planned Unit Development District Review on 37 .19 acres with variances, Zoning Dis- trict Change from Rural to Neighborhood Commercial on 3 .7 acres, and Preliminary Plat of 3 .7 acres into I lot for construction of a 329000 square foot commercial center. Locations East of County Road #4, north and west of Wagner Way. (Resolution #86-167, Comprehensive Guide Plan Amend- ment ; Resolution #86-168, PUD Concept Amendment; Ordinance #39-86-PUD-6-86, PUD District and Rezoning= Resolution #86- 169, Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . John Shardlow, representing proponents, addressed the pro po sal . He presented a letter to the Council dated July 15, 1986 containing his comments regarding the Traffic Study of the intersection of T .H. 5/C .S.A.H . 4 by Benshoof & Associates . (Attachment A) Senior Planner Franzen said that the project was first re- viewed at the May 5 . 1986 meeting of the Planning Commis- sion at which time it was returned to proponent for revi- sions and additional information. He referred to the Staff Report of May 9, 1986 that reviewed the subject and said that the major issues at the first review were the canopy over the sidewalk, better transition to the single family j homes to the north, better screening of parking areas and F City Council Minutes -10- July 15, 1986 traffic impacts . He said that the developer had made the requested revisions when she project was next reviewed at the June 23rd meeting of the Planning Commission and at that time the Commission recommended approval of the proj- ect subject to the recommendations of the Staff Report of June 20. 1986 . Franzen further said that the Commission did not have the traffic study available at their June 23rd meeting and so their recommendation for approval was contingent upon development not proceeding until the Hwy . 5 and 4 inter- seetion is upgraded . He said that at last night ' s meeting of the Commission. a majority of the members felt that the interim solutions outlined in the traffic study would en- able development to proceed . Mike Wonson, representing Benshoof & Associates. Inc . , transportation consultants, reviewed the traffic study of the T .H. 5 and C .S.A .H. 4 intersection. He said the proposed interim improvements to the intersection will help queueing and blocking at Wagner Way. Redpath asked who will pay for the temporary improvements and commented that temporary improvements tend to delay the final solution. Director of Public Works Dietz said that hasn't been discussed at length . Ron Christenson, proponent, said that they would be interested in sharing the cost but that they need to make some evaluation first. Shardlow noted his experience also showed that interim solu- tions relieve the pressure thus delaying final solutions and therefore it would not make sense to spend money on the interim improvements. Bentley expressed his concern about the justification for the Comprehensive Guide Plan change . He said that, after many meetings on the PUD Concept, it was agreed because of the traffic problems in the area to phase the type of use from high-intense and limited commercial on the corner of Hwy . 5 and 4 to lower-intense office use and then to resi- dential . He saidg furthers that the justification for the nearby project for the elderly wao that there would be a professional-type building with doctors and other such offices available on the site. He said that he would like to see some strong justification for the Comprehensive Guide Plan change before he could vote for approval . Shardlow commented that , in his experience, there are no PUD developments in Eden Prairie where the actual develop- ment is totally consistent with the PUD concept . He said td City Council Minutes -11 - July 15, 1986 that other projects in this development have required changes in the development plan. A discussion followed regarding the need for justification of the Comprehensive Guide Plan change and the potential intensity of use for this project . Franzen said that Staff started talking with proponents about a commercial site a year ago and requested that pro- ponents provide justification, particularly in regard to the additional traffic generated and the question of transition to the residential neighborhood . He said that the original plan had a service area in the back and they were asked to revise that and increase the landscaping to enhance the transitional aspects of the project . He said their con- cerns about traffic prompted the traffic study. He said that the Planning Commission also questioned the justifi- cation for the Comprehensive Guide Plan change , and after a discussion similar to the one tonight , voted to approve { the project . Pidcock asked proponents to reiterate the type of commer- cial intended for the project . Christenson responded they are looking at service-oriented uses such as insurance, real estate and barber shops, in addition to retail stores . Pidcock noted that office use would mean that the building generally would be closed on weekends and have office hours during the week whereas the retail use would probably be seven days a week and would be open more hours a day. Peterson asked what assurances they can offer that 50% of the building would be service-oriented and not be 10O% re- tail with high traffic generation. Shardlow responded that his experience with similar projects was that they don't go all retail and that the PUJ does provide the opportunity to set some maximum limits . Redpath noted that such proj - ects always seem to anticipate more service-oriented use than they ultimately end up with. Shardlow acid that some communities add an underlying zoning in addition to the PUD a that would identify the uses for the project . Pidcock asked if anyone had talked to Public Safety about the traffic problems there . Franzen said Staff did not approach Public Safety . Pidcock then asked about the times of day during which the traffic study was conducted. Won- son said it was conducted during the weak hours of 4: 00 to 6 : 00 PM. Redpath asked about the view of the project from the resi- dential area. Franzen said they expected the view from the second stories to be of the parking lot and a portion of the rooftop. City Council Minutes -12- July 15, 1986 Anderson said there are two very important issues for him with this project, the traffic and the zoning change . He said it is a dilemma whether to add to the existing traffic problem or wait with the project until the roads are up- graded . As to the zoning change , he said we have always been concerned about a buffer and he was not convinced commercial acts as a better buffer than office would . Anderson asked if the conifer plantings would be next to each other or interspersed and how high they would be . Franzen said they would be interspersed and would be 8-10 feet high . Anderson noted that by interspersing them pro- tection and screening are provided only six months of the year. Bentley noted that the compatibility between residential use and office use is greater than between residential and commercial. He also said an office building can be made w attractive from four sides whereas a commercial building generally cannot be as aesthetically pleasing. Peterson said that he felt the term neighborhood commercial bespeaks compatibility as to convenience for nearby residents . Shardlow said that he thought the rear of the project was attractive as it is all brick with architectural details and there will be no service use back there . Franzen noted that, on recommendation of the Staff, some design elements from the front design had been mirrored on the back. Shard- low pointed out the details on a scale-model of the project . Doug Chesney, 16272 Sheldon Ave . , expressed disagreement with the conclusion that there will be no problem at the intersection of Wagner Way and Hwy . 4. He said he thought there would be a continuous stream of traffic at that in- tersection and that the project should at least be held up until the intersection at Hwy. 5 and 4 is upgraded . Chesney asked if the Planning Commission had recommended that Sheldon be blocked off at Wagner Way. Franzen replied that , as part of their recommendation at last night 's meet- ing, the Planning Commission approved the project with the interim improvements for traffic , including the closing of the intersection of Sheldon and Wagner until the Hwy . 5 and 4 improvements are completed . Walt Lusian, 162?5 Sheldon Ave . , expressed his concern about the increased traffic problems if the project is approved . Cindy Murdock, 16044 Sheldon Ave . , expressed concern about the effect on property values . She asked about the possi- bility of putting a signal light at the entrance to Driskills . p P City Council Minutes -13- July 15, 1986 Joe Ploumen, 16320 Sheldon Ave . , said that he did not understand why Wagner Way goes into Sheldon Ave . Peterson responded that if it didn't that would make a very lengthy cul-de-sac of Sheldon and thus would be a safety hazard . Franzen noted that a signal light is needed at the entrance to Driskills . Dietz said that the most recent communica- tion with the County indicated that they would make pro- vision for a future signal light but did not feel it war- rants one now; however, Dietz said he believed we have more information now with the traffic study and so the County might reconsider. Lusian noted that he thought an office building would be more desirable in that it would allow a break at the time most residents are at home . Peterson reiterated the concern that interim improvements could mean we would experience delays in the final solu- tion on the Hwy. 5 and 4 inter.•section. He said he was also concerned that , if the project is approved contingent on the intersection improvements, there could be addition- al delays in those improvements and so the project might be left hanging. Peterson noted that he believed the owner of Prairie Village Mall has some responsibility for improve- ments to that intersection and so he believed there was more discussion required before a decision is made . Anderson said that the State probably will not take care of the intersection at Driskills and so he wanted to know if the developer would be willing to live with a right- turn only situation at that intersection. Shardlow said that he didn't think it was feasible to limit the inter- section to right-turn only but that the developer would be open to any reasonable conditions of approval. Bentley said that he would still like to see in written form some justification from the developer for the Comprehensive f Guide Plan change to commercial , some solutions to the traffic issues and a commitment as to who will pay for the necessary traffic improvements . MOTIONS Bentley moved, seconded by Redpath, to continue this item for one month until August 19th to allow time for the proponents to work with Staff and return with justifi- cation of the Guide Plan change , recommendations for deal- ing with the traffic situation in the residential area, a more definitive explanation of the traffic flow and cost factors, and determination of the timing for the project . r: City Council Minutes -14- July 15 , 1986 Pidcock asked what we are gaining by continuing the item. Peterson replied that it will allow time for the developer to work with Staff to provide some answers to the questions raised and some of the written documentation requested . Anderson said that he would like to have the information from last night 's meeting of the Planning Commission and so he thought continuing the item would allow time to re- act to that information. Shardlow noted that the bank project is scheduled to come before the Council in two weeks and that there is some shared responsibility between this project and the bank development . Dietz noted that there will be a very heavy schedule on August 19th . MOTION: Bentley moved, seconded by Redpath, to amend the motion to change August 19th to August 5th . Motion carried unanimously . VOTE ON THE MAIN MOTION: Motion carried unanimously. D. Vacation of Snow Fence Easement on Lot I Block 1 and Out- lot A of the Lee Data Plat Resolution No . - 77 4 Bentley suggested that, because of the limited effect of this item, the Council forego Staff reports on the item. There were no comments from the audience . MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No . 86-177 vacating the snow fence easement on Lot 1 , Block 1 and Outlot A, Lee Data . Motion carried unanimously. VI . PAYMENT OF CLAIMS NOS . 28282 - 285n City Manager Jullie reported on a question raised at the prev- ious Council meeting regarding the purchase of binoculars for the Community Center. MOTION: Pidcock moved , seconded by Bentley, to approve the Payment of Claims Nos . 28282 - 28573 . Roll call vote : Ander- son, Bentley, Pidcock, Redpath and Peterson voted "aye Motion carried unanimously. VII . PETITIONS , REQUESTS & COMMUNICATIONS A . Request from the .Firemen's Relief Association- for a roval of its amended Bylaws (pension benefits) 4. City Council Minutes -1 K- July 15 , 1986 z kx City Manager Jull ie said that the Firemen' s Relief Associa- tion has requested an amendment to its Bylaws that must be approved by the City Council . He said the roposed changes would increase the retirement benefit from 15 .00 per year of service per month to $22 .50 and would allow a lump sum withdrawal rather than an annuity. He said that representa- tives from the Association were present to answer questions. Bentley asked why this item is coming up now rather than during the normal budget process . Jullie replied that they have been working on this for some time and they realize we are about to get into the budget process, therefore it seemed appropriate to have some discussion on it now before the budget is put together . He said that the final deci- sion would probably be more appropriate as part of the overall budget process. Redpath asked what effect the lump sum payments would have on the Fund . Skip bane, representing the Firemen' s Relief Association, responded that, while there are six or seven firemen who will have 20 years of service in the next month, three of those must wait two or three years until they are age 50 to draw from the Fund andq further, that he didn 't believe very many would choose the lump sum withdrawal be- cause of the tax ramifications and the potential benefit of future increases under the annuity option. Lane said the maximum number retiring in one year would be six and three or four per year would be more typical . Lane noted that the preliminary work on this request was begun last year because an actuarial study was need to see what the contribution would be . He also noted the State aid has been increasing each year by about $6,000 and ex- plained the method whereby the City pays the difference between the State aid and the accrued liability. He said that, of the total increase of $161,000 for this change, the City' s portion would probably be $7-8000 because of the offset from State aid. Peterson asked what assurances there are that the formula will continue the same. Lane said he knows of no assurances except that it is based on the City's population and asses- sed valuation so the State aid increases as the population grows . Bentley said that he does not object to the increase in benefits which he believes is deserved and justified, but that his concern is being able to look at this in the con- text of the entire budget review. He said that he would f' City Council Minutes -16- July 15, 1986 like to have more time during the budget process to com- pare the actual dollar amounts with what is proposed and to see what happens if we fund at a point less than what is proposed . He said he would like to have a broader com- parison with other cities, and more information on the options and their long term effects . Redpath said he would like more information on the State aid . Peterson said he would like more documentation to justify a percent increase . Lane explained the method of determining; the increase . Frane noted that it is very difficult to explain the process and to determine now what the actual cost is to the City if the amount of increase is changed because another actuarial study would then be required . Anderson said he would really like to see more comparisons wi*,;h other communities . Frane said that could be provided but noted there are a great deal of differences within the State . A discussion of benefits in other communities fol- lowed . MOTION: Bentley moved, seconded by Redpath, to continue consideration of the request as part of the overall budget process and to direct Staff to provide additional documen- tation on the request . Motion carried unanimously. Pidcock said that she would like to commend the Fire Depart- ment and the Volunteer Firefighters for the outstanding job they always do . VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX . APPOINTMENTS There were none . f X . REPORTS OF OFFICERS . BOARDS & COMMISSIONS A . Reports of Council Members 1 . Pidcock - Williams Pipeline Pidcock said that she had briefly mentioned to City Manager Jullie that we should determine the location of the. Williams Pipeline in Eden Prairie and have some discussion on their safety practices . p City Council Minutes -17- July 15 , 1986 City Manager Jullie said that Staff is in the process of doing that and that we have asked the P.C .A . for a map. Redpath asked about the ordinance passed by Mounds- view. Jullie said it stated that Williams cannot repair and reopen the pipeline without a permit and a hearing. A discussion followed regarding the situ- ation in Moundsview and the ordinance . a Bentley said that he would like to see information from Staff as to the pipeline ' s location, the age of the pipeline, the inspection process by Williams , what their emergency procedures are , and any other relevant information. 2 . Pidcock - Request for Review of Audit Pidcock requested a review of the financial statement at a future Council meeting. City Manager Jullie suggested August 5th and Pidcock agreed . 3 . Pidcock Commendation for John Frane Pidcock said she believed Finance Director Frane had done an outstanding job in getting the City a rate of return of 10 .44%. MOTION: Pidcock moved, seconded by Redpath, to com- mend Finance Director John Frane for his outstanding performance in taking care of the City finances . Motion carried unanimously. Anderson said that he thought a program should be ini- tiated to pick outstanding individuals from each depart- ment for commendation and that he would like to have City Manager Jullie look into setting up such a program. Peterson suggested that the process could be formalized and include some sort of award presentation. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to establish and formalize a process to recognize City employees for exemplary service . Motion carried unanimously . 4 . Pidcock - Commendation for Chris Enger Pidcock said that she also wished to commend Planning Director Enger for the outstanding updates that he sends to the Council periodically on proceedings in the Planning Department . City Council Minutes -18- July 15, 1986 5 . Pidcock - Feedback from Councilmembers on Strategic Planning - Pidcock asked if any reports had been given to City Manager Jullie by the Councilmembers in response to the documentation distributed on Strategic Planning. Bentley noted that, while he thought Strategic Plan- ning is a good idea, he intended to wait to receive proposals on the subject from Staff before responding. Peterson said that was why he had discussed the matter with Mr. Jullie so that Staff could begin to put in place a process for this and, therefore , no individual Councilmember would have to be responsible for it . 6 . Pidcock - Letter from Fox , McCue & Murphy s Pidcock noted that she wanted to be sure that the recom- mendations in the letter from Fox, McCue & Murphy re- garding buying equipment outright versus leasing be discussed when the audit review occurs . 7 . Anderson - Goose Problem Anderson noted that there have been a lot of complaints about geese in various areas of the City. He said the Conservation Department reports that the geese are multiplying at a 35% yearly increase and that they want to come out to discuss the problem with Staff . He asked that Staff talk to the Regional Manager of the Conservation Department to see how the City can work with them to control the problem. 8 . Redpath - Request from the Methodist Church and Pax Christi Redpath said that he had been approached by the Justice Committee of the Methodist Church and Pax Christi to present a request to the Council that the City support the celebration of Peace Sunday on August 3, 1986 . MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No . 86-180 to support the celebration of Peace Sunday on August 3, 1986 . Motion carried unani- mously. 9 . Peterson — Request from Spiritual Assembly of the B'ahai Peterson said that the Spiritual Assembly of the B'ahai had requested a 10-minute appointment with the Council to make a statement for world peace. a City Council Minutes -I 9- July 15. 1986 Bentley noted he believed that if we do this we are opening ourselves to asking for similar presentations from any other similar groups . He said he thought a request for a resolution similar to the preceding item might be more acceptable than the request for a presen- tation before the Council. Pidcock said she did not feel comfortable in getting involved in having one sect or another come before the Council and that she did not think that sort of thing was part of the Council s role . The consensus was to deny the request . B . Report of City Manager 1 . Joint Powers Agreement -- Southwest Transit Commis- . ��-----�- sion City Manager Jullie reviewed the Joint Powers Agree- ment prepared by the City Attorney. City Attorney Pauly said that , as the governing body, the Commission would consist of six represen- tatives , two from each of the three cities involved, serving three-year terms . MOTION: Bentley moved, seconded by Redpath, to approve the Joint Powers Agreement establishing the Southwest Area Transit Commission and to author- ize the Mayor and City Manager- to execute the agree- ment . Motion carried unanimously. Peterson said he considered this a major step in providing transportation within our community and, as such. is a cause for celebration. Peterson said that . while it is not necessary to appoint the Commission members at this time, he would like to be considered for the appointment and that Councilmember Pidcock had also asked to be considered . MOTION: Bentley moved, seconded by Redpath, to appoint Mayor Peterson and Councilmember Pidcock as the Eden Prairie representatives to the South- west Area Transit Commission. Motion carried unani- mously . {, a City Council Minutes -20- July 15, 1986 2 . OPen Burning and Burning Permits City Manager Jullie reviewed the report prepared by the Public Safety Department at the request of Council at the last meeting regarding open burning and burning permits . Anderson said that he took issue with the structure of the permit . He noted that certain materials that would be burned from a demolished house such as tar paper or asphalt shingles could be toxic He also said that residents and businesses in the area of the burning should be notified of the burn- ing. He thought the term "responsible adult" should v be further defined . Pidcock said she thought at responsible adult would w be one of legal age . A discussion of the term "responsible adult" followed . Peterson said he was not sure we should continue to have the privilege of burning permits in view of the continued urbanization of the City . Redpath noted that he didn't think it was fair for a devel- oper to be able to burn waste material when the residents cannot burn, and yet there are certain construction waste materials that are difficult to dispose of. Anderson said he thought we have to be responsible in this issue and suggested that we determine a burning site where the trash could be hauled . Peterson said he thought this might actually en- courage burning. Bentley noted that, if we discontinue issuing per- mits, the P.C .A. takes over and they can issue the permits , so we might not be able to totally elimi- nate burning. Peterson suggested increasing the cost of the per- mit to cover the cost for supervision of the burn by someone designated by the City. Bentley suggested that we not discontinue issuing burning permits but rather direct City Manager Jullie to work with the Fire Marshall in redraft- ing or restructuring the burning permit to incor- porate the concerns expressed by the Council such ti as the notification of people in the area, deter- mining who is a responsible person, whether to I City Council Minutes -21- July 15, 1986 require a designated fireman on site , and to re- turn to the Council with their suggestions . Mhe consensus was to approve Bentley's suggestion. 3 . Set .SPP_c i .1_ City .Gounc.i.L_ Meeting., for Thursday. Au t-- 3� ,_._7:.f?0. .PM at the, Schonl A ni-stra- tion�oardroom to discuss City HaEl aice Needs City Manager Jullie noted that the School Adminis- tration Boardroom will not be available and so the meeting would be held at the Prairie View Media Room. MOTION: Bentley moved, seconded by Pidcock, to set a special meeting for Thursday, August 21 , 19869 7:00 PM at the Prairie View Elementary School Media Room. Motion carried unanimously. 4. Request from Naegele for Sign Permit City Manager Jullie said that the Naegele firm has requested permission to move part of a billboard scheduled to be removed from Valley View and 169 to the corner of the ramp at 169 and 494 for a period of 90 days . He said he reminded them of their commitment to remove three or four on 494 and, further, that Naegele expects to have a pro- posal ready in August regarding the ones on Hwy 169 in the bluffs area. He said that they will be asked to agree in writing to their commitments to take down the other billboards . Redpath asked if anything had been done about our licensing procedure . Jullie responded that we have an inventory of' the existing billboards but have been reluctant to issue permits for nonconforming signs . Jullie said it is a tough problem but that cleaning up the Hwy. 169 bluffs area will be a step in the right direction. 5 . Request from C stle Ridge Nursing Home for Special , Council Meet in City Manager Jullie said the Castle Ridge Nursing Home has requested a special Council meeting in order to proceed with the MIDB request . He said preliminary approval has been obtained but that the } necessary documents were not ready for the City Attorney's review in time to be included on tonight ' s agenda. u City Council Minutes -22- July 15 , 1986 Peterson asked how long the review process will take . City Attorney Pauly said it would be neces- sary to review the documents and then return com- ments to the other side for their reaction, and that the process would probably take four to five days. MOT IONS Bentley moved, seconded by Redpath to set a special City Council meeting for Thursday, July 24, 1986, 5: 00 PM in the City Hall Lunchroom. Motion carried unanimously. C Report of City Attorney City Attorney Pauly said that he had received a letter from Mike Sullivan of the E .Q .B . that indicates Woodlake is withdrawing their request for a variance from the E. I.S . rules . D. Report of Director of Public Works 1 . Chain of Lakes Study Director of Public Works Dietz reviewed the informa- tion in the preliminary report from Barr Engineering on the Chain of Lakes Study and referred to his summary memo of July 9th . He said the original study outlined two alternatives but thatq after a meeting he and Bob Lambert attended with Barr Engineering, a third alterna- tive was proposed and is outlined in the letter of June 18 , 1986 from Barr Engineering. Dietz said the third alternative does all the things the expensive alternative does and also provides the capability of doing it in two phases, with the southern portion to be postponed until development pressures warrant completing that phase . Dietz said that the Watershed District has a proposed draft policy that suggests the Chain of Lakes project is a priority one item and that they can pay 100% of the construction and engineering costs, which would be approximately $717,000. Peterson asked about easement costs . Dietz said that those are priority three items and would be eligible for up to 25% participation by the Watershed District. Dietz then reviewed the easements required and said it appears there would be nominal costs involved in the easements . r City Council Minutes -23- July 15, 1986 t Dietz said there are alternatives on how to fund the project but that there is time to decide on the fund- ing. He described some alternative funding means such as a special assessment or a storm-water utility fee . Pidcock asked how the water levels in the lakes and ponds would be affected . Dietz explained the antici- pated fluctuation in the water levels . Anderson noted that he believes this is a good solution to a problem we have faced for years and at a lower cost than expected . i MOTION: Anderson moved , seconded by Pidcock, to recom- mend to the Watershed District to proceed with Alterna- tive 3 and to request that the Watershed District pro- vide a funding level to 100% of their capability . Motion carried unanimously . t 2 . Comprehensive Sewer Policy Plan MOTION: Bentley moved, seconded by Redpath, to adopt the Comprehensive Sewer Policy Plan and to authorize that it be transmitted to the Metropolitan Council and the Metropolitan Waste Control Commission. Motion carried unanimously . 3 . Erosion Control Anderson said he thought the builder has to assume some type of responsibility for cleaning up the silt from construction sites in a reasonable amount of time such as two or three days and not when the project is complete . He also said it should not have to be done at the City' s expense Dietz responded that c omplianc e can only be arrived at as the result of constant "bad- gering" on the part of the inspectors and thatg because of the extremely large amount of construction this year, the Staff has not been able to keep the pressure on for silt clean-up. j Anderson reiterated that, while he realized the rains and volume of construction have caused problems, he still does not believe it should be the responsibility of the City to take care of the erosion problems. He said he recommends that we start doing something about it . Pidcock noted that debris from the building sites is also a problem. r Y z w Gity Council Minutes -24- July 15, 1986 MOTION: Bentley moved, seconded by Redpath, to accept the Staff Report of July 10, 1986 on Erosion Control and to recommend that discussion and review of this issue be included in the t987 budget process . Motion carried with Anderson voting "nay" . 4. Bid Award for. Wyndham Knoll, I .C . No . 52-09 (Reso- lution No . 86--179) F Director of Public Works Dietz reviewed the bids re- ceived for the Wyndham Knoll improvements . MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No . 86-179 accepting the bid for improve- ments on Wyndham Knoll from Nodland Construction Com- pany, Inc . Roll call vote : Anderson, Bentley, Pidcock, Redpath and Peterson voted"aye" . Motion carried unani- mously. E. Report of Director of Community Services 1 . Park and Recreation Bond Referendum Director of Community Services Lambert referred to his memo of July 9, 1986 which listed the items proposed for inclusion in the referendum and outlined the process for selecting representatives to a Referendum Committee . He said Staff is also requesting authorization to adver- tise for a consultant to help develop the Miller Park project . Anderson asked where we are at with the current prob- lems with the Community Center. Lambert said that the decision on what to do about the leaking problem at the Community Center will definitely have an effect on the referendum and that the decision should be made prior to a final decision on the expansion of the facility . MOTION: Bentley moved, seconded to Anderson, to pro- ceed with the planning of the Park and RecrAnt; or Bc nd Referendum as outlined in the Staff Report of July 90 1986 . Motion carried unanimously. r XI . NEW BUSINESS There was none . X I I . ADJOURNMENT MOTION: Redpath moved, seconded by Pidcock, to adjourn the meeting at 12 :05 PM.