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HomeMy WebLinkAboutCity Council - 11/18/1986 a APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY. NOVEMBER 18 , 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING 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 1) . Frane , Planning Director Chris Enger, 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 item was added to the Agenda: Item X . A . 2 . Pidcock - Update on Offer of Old Holasek Home . MOTION: Anderson moved , seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously. xr II . MINUTES A . Special Joint City Council Develo went Commission meeting Field Tuesday, October 21 , 1986 MOTION: Pidcock moved, seconded by Bentley, to approve the Minutes of the Special Joint City Council/bevelopment Commission Meeting held Tuesday, October 21 , 1986, as published . Motion carried unanimously. B . Reg!llar City Council Meeting held Tuesday, October 21 , 1986 MOTION: Anderson moved, seconded by Pidcock, to approve the Minutes of the regular City Council Meeting held Tues- day, October 21 , 1986 , as published . Motion carried unani- mously. C . Regular City Council Meeting held Tuesday, November 4, 1986 'r s City Council Minutes -2- November 18, 1986 MOTION: Pidcock moved , seconded by Anderson, to approve the Minutes of the regular City Council Meeting held Tues- day, November 4, 1986 , as published . Motion carried with Bentley abstaining. III . CONSENT CALENDAR A . Clerk ' s License List B . Final Plat approval for Lake Park 3rd Addition (between Timber Lake Drive and CSAH Resolution No . 6-281 F C . Final Plat approval for Staring Pines Addition (E . Star- ing Lane ) Resolution No. -2 2 D . Final Plat approval for Research Farm rd Addition (south of Research Road , west of TH 9 Resolution No. 6-283 E. Application for conveyance of Tax Forfeited Lands F. Wendell A . Phillippi - Construction of Fish Ponds within the Shoreland Area G. Request for time extension by Baypoint Manor II for their Housing Revenue Bonds Resolution No. -2 MOTION: Pidcock moved , seconded by Anderson, to approve Items A-G on the Consent Calendar . a Regarding Item G, Request for Time Extension by Baypoint Manor II for their Housing Revenue Bonds , Bentley asked why this request was being made . City Manager Jullie said that Finance Director Frane would be able to answer that a when he arrives . AMENDMENT TO THE MOTION: Bentley moved, seconded by Ander- son, to amend the motion to strike out Item G from approval of the Consent Calendar. Amendment to the motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. MOTION: Bentley moved , seconded by Anderson, to move the Request for Time Extension by Baypoint Manor II for their Housing Revenue Bonds (Resolution No . 86-284) to Item VII . E. for further discussion. 4 Mr. Frane arrived at this point and explained that the request for time extension was made in order to allow pro- ponent more time to complete the project in the manner I v_ City Council Minutes -3- November 18, 1986 intended . Bentley asked if they were anticipating any change in the financing package . Frane said they were not . AMENDMENT TO THE MOTION: Bentley moved, seconded by An- derson, to amend the motion by substituting a motion to consider the Request for Time Extension by Baypoint Manor II for their Housing Revenue Bonds (Resolution No . 86-284) as a separate item on the Consent Calendar. Amendment to the motion carried unanimously . VOTE ON THE MOTION AS AMENDED : Motion carried unanimously . MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No . 86-284, approving the request for time ex- tension by Baypoint Manor II for their $6 ,860,000 Housing Revenue Bonds . Motion carried unanimously. IV . PUBLIC HEARINGS F 5 A . TECHNOLOGY PARK 7TH by Technolo&� Park Associates . Request for Zoning iD strict Amendment within the Office District on 3 .74 acres for construction of 27,700 square foot office building. Location: East of future Golden Triangle Drive , north of Nine Mile Creek (Ordinance No . 56-86 - Amending Ordinance No . 36-85-PUD-6-85 ) Continued from November 4, 1986 Council meeting City Manager Jullie noted that proponent has requested this item be postponed until the December 2, 1986 meeting. MOTION: Bentley moved , seconded by Pidcock, to continue this item to the December 2nd meeting of the City Council. Motion carried unanimously . B . ALPINE VILLAGE by Herlitz Construction. Request for Re- zoning from RI-22 to RM-6 .5 for 7 .58 acres and Preliminary Plat of 8 .23 acres into 19 lots and two outlots for a mul- tiple family townhouse development . Locations East of Alpine Trail , south of Chicago, Milwaukee , St . Paul and Pacific Railroad . (Ordinance No . .57-86 - Rezonings Reso- lution No. 86-280 - Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Mayor Peterson noted that Council members received many pages of documentation on this item and he encouraged proponents and others to be specific and as brief as possible . A City Council Minutes -4- November 18, 1986 Charles Habiger, representing proponent . addressed the proposal . Planning Director Enger said this project first appeared before the Planning Commission on September 23, 1985 , when it was proposed as a 30-unit townhouse development . He said three Staff Reports dated September 20, October 25, and November 8 , 1985 , reviewed the project and subsequent changes to the project and made recommendations to the Planning Commission. Enger said it was reviewed for the second time at the October 28, 1985 meeting and then was again reviewed on November 12, 1985 , at which time the Commission recommended denial of the request for rezoning on a 7-0 vote . He said the denial was based on the incompatibility of the proposed attached unit , townhouse development within a single family neighborhood . Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission did not review this proposal as it did not receive favorable recommenda- tion from the Planning Commission. Redpath asked Mr. Habiger why they couldn't develop eight or nine up-scale single family homes in the area. Habiger replied that the site could probably handle eight or nine larger homes but one of the problems is absorbing the costs of developing a road into such a project . He said the price range of single family homes would have to be $125, 000- $175 ,000 in order to be compatible with homes in the neigh- boring area and that would not be high enough to absorb the costs of road development . Peterson noted that, while he wasn't sure the Council wants to get into the question of what sort of development is economically feasible , he took this as an indication that there is an incompatibility of use as the project is pro- posed . Redpath said this is a fantastic piece of property and he thought it would behoove proponent to come back with some- thing better. Peterson noted that proponent would have the option to do that if the present request is rejected . Bentley noted that, by his calculations, there are about 2 .4 units per acre with the proposed development . He said, while this would fit into the designation of low-density development, this is part of the on-going debate as to whether this particular type of housing use is appropriate City Council Minutes -5- November 18, 1986 in that particular zone . He said he thought people ' s per- ception. particularly in an older, well-established neigh- borhood , would be that it is a multiple development even though the density is the same . Anderson said this kind of thing has been discussed time and time again. He said because this is the last develop- ment in the area, the fact that it is a different type of development from the surrounding neighborhood does make a difference . i Pidcock asked Habiger if they had been encouraged to come back with this proposal after it had been turned down. Habiger said , after they had received the bids back for the costs of site improvements, they determined that the development costs would exceed what they could expect to get back from the sale of the property. He said another reason for abandoning the plans for single-family develop- ment was the tremendous impact of the grading plans on the site . Pidcock asked again if they were encouraged to come back with this particular plan. Habiger replied that they felt Mr. Herlitz has to do something with the property and it is unmarketable as it stands . Pideock said she didn't understand why they are back with the same proposal after they had been turned down by the Planning Commission and the Council . Bentley noted that this particular project has never been before the Council . A discussion followed regarding the history of the proposed development on this site . MOTION: Redpath moved , seconded by Anderson, to close the Public Hearing: to deny the request of Habiger Associates, Inc . for Rezoning and Preliminary Plat for a multiple family townhouse development , based on the recommendations of Planning Commission and Staff; and to request the developer to work with Staff, Commissions and neighboring residents to try to reach a mutually-agreeable plan for development of the site . Dwight Harvey, 161.90 Alpine Way, noted that this item has been discussed a lot and pointed out that the property is surrounded on three sides by single family homes . He said he considers this project to be a case of spot zoning, since it is a different type of housing to be developed in an established neighborhood . John Lyngdal, 16170 Alpine Way, said they have heard that the site le difficult to develop. He suggested that the � F City Council Minutes -6- November 18 , 1986 developer work with the existing residents to develop a new proposal for the site Barney Uhlig, 16370 No . Hillcrest Court , said he viewed this as a developer corning and asking for a subsidy from. the City now that he cannot afford to develop the project as it was approved . He noted that if there is a plan for how Eden Prairie will be developed, we should stick with Pidcock asked Enger if he thought the grading for a single family development is possible. Enger said , while the grading is physically possible , the current market condi tions and costs to develop may make it economically un- feasible to develop it in this way at this time . He said he was not prepared to say the grading of the property is not possible . i Peterson said that it is not the Council ' s function to develop this property, but rather it is the responsibility of the developer to work with the neighborhood and Staff to come up with a proposal that is feasible economically and environmentally for Council consideration. Pidcock said that what she was hearing was that the de- velopment is being held back because of the City' s grading plan. Enger said that communication with the developer as to how deviation from the grading requirements would affect their ability to develop the site as single family indicated even that would not make the project feasible . Redpath called the question . VOTE ON THE MOTION: Motion carried unanimously. V . PAYMENT OF CLAIMS NOS. 30883 - 31239 Pidcock asked about Item 31095 to Eden Prairie Liquor. Finance Director Frane said this was for pop for the election workers. She asked about Item 31100 to Fairview Community Hospitals . City Manager Jullie said that was for D.W. I. testing. Pidcock then asked about Item 31126 to IBM. Frane said that item was for a maintenance agreement on an IBM copier. She asked if bids are solicited from other firms that do mainten- ance of copiers . Frane said he was not aware of any that worked on IBM copiers . Pidcock asked if Item 31128 to Int ' 1 . Office Systems, Inc was a similar situation. Frane said this was for a Canon copier h City Council Minutes -7- November 18, 1986 and noted that he would check into other firms that do copy maintenance . Pidcock asked about Item 31172 to Northern Power Products , Inc . Frane said this was for the building controls at the Public Safety Building. Anderson asked about Item 31070 to the City of Bloomington. Jullie said that was for impound service for dogs . NOTION: Bentley moved , seconded by Pidcock, to approve the Payment of Claims Nos . 30883 - 31239. Roll call vote : Ander- son, Bentley , Pidcock , Redpath and Peterson voted "aye" . Motion carried unanimously . VI . ORDINANCES & RESOLUTIONS There were none . V I I . PETITIONS, REQUESTS & COMMUNICATIONS A . Proposed NSP Transmission Line along Highway 5 (Continued from November 4, 1986 -) City Manager Jullie noted that this item was continued from the November 4th meeting and that Mr. Chmiel and staff from NSP are here to discuss the proposal for a transmission line west of the Westgate Substation. Don Chmiel, representing NSF, addressed the proposal . He presented a videotape showing the proposed route of the transmission line and said the present schedule calls for work to begin in the fall of 1987 with the line to be in service by May of 1988. Director of Community Services Lambert noted that the City is considering a hikewayfbikeway bridge across Hwy 5 near the Hwy 4 intersection and asked who would absorb the cost of raising the lines to accommodate the bridge . The NSP representatives agreed that the City would have to absorb the cost if it was constructed after the transmission line was installed but that Staff could work with the NSP staff during the construction of the transmission line if the location of the bridge has been determined . Lambert said he would suggest that we plan to do that as he thought the City is serious about constructing the bridge . Director of Public Works Dietz said the Hwy 4 and 5 project is scheduled for 1988 and, while there are decisions yet �a f City Council Minutes -8- November 18, 1986 to be made as to whether the bridge will be installed at this time, he thought it would be good to allow for it in the transmission line plans . Chmiel said they would be happy to work with Staff to develop the clearance for the bridge at the time of construction of the transmission line . Redpath asked City Attorney Pauly about the height variances required . Pauly said that would be referred to the Board of Appeals and they would have to determine what appropri- ate conditions might be imposers for the granting of a vari- ance . Ghmiel said there had been no discussion about that . Redpath asked what the heights would be . Chmiel said the highest poles would be 90-95 feet . Bentley asked what action is required on the part of the Council . Enger responded that he and Mr. Pauly had deter- mined that the appropriate action by the City would be an action by the Board of Appeals for a height variance for the structures with the ultimate decision by the Council a from the Board of. Appeals action. A Pauly said that if there is any City right-of-way the lines are going through , then Council approval would be appropri- ate . Enger said that Heritage Road and Carnelian Lane might be . A discussion followed on the question of City right-of- way and existing easements for the transmission lines . Bentley reviewed the items in the Staff memorandum of September 16 , 1986 relative to additional work that might be mutually beneficial and noted that we would like to have their input on some of these things . Chmiel said the Pub- lic Utility Commission (P.U .C . ) has passed a ruling whereby they cannot benefit one community and pass it over to the balance of the rate payers . He said some of the lattice towers from the Eden Prairie substation to the Westgate. station would be replaced . Pidcock noted that Eden Prairie has certain standards ex- pected of commercial developers and that the NSF poles aren't consistent with our higher quality standards. She said she thought they should conform to what we ask other developers to do . Chmiel responded that their hands are tied . f Pidcock then asked how we could go about getting the poles to meet the standards . Marlow Peterson, representing NSP, responded that unless there were some feeder projects or the line has to be relocated because of highway construction, it would be difficult to justify replacing the existing poles. Pidcock urged them to seriously consider this in their plans . 3 30 µ <s N City Council Minutes -9- November 18 , 1986 Bentley said that NSP makes proposals to the rate commis- sions and he would appreciate it if NSP would make a con- certed effort to convince the P.U.C. to consider improving some of the systems in the community. Chmiel said where the existing kinds of structures cannot accommodate the new lines, then replacement structures would be required . Bentley said he would like Staff to write an official letter to NSP containing the specific requests presented in the Staff memorandum. He said he would then appreciate an official response to the letter from NSP. There were no comments from the audience . MOTION: Bentley moved , seconded by Pidcock, to approve the request from NSP for upgrading the existing distribution line , with height variance subject to review by the Board of Appeals . Anderson noted he wanted to make sure that the City will not bear any of the costs for the elevated line required by the bridge across Hwy 5 . Chmiel said he thought they could work with Staff at the time of construction to put in structure heights that would provide the proper clear- ance , VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct City Manager Jullie and. Staff to write a formal letter to Northern States Power relative to the specific requests outlined in the September 16, 1986 memo to the Council from Planning Director Enger. Motion carried unanimously. B . Bryant Lake Regional Park Master Plan - Hennepin Parks Doug Bryant , Southern Division Manager, and Alex Meyer, Landscape Architect ) City Manager Jullie said that representatives from Henne- pin Parks are here to present their draft master plan for Bryant Lake Regional Park. Doug Bryant , Judith Anderson and Alex Meyer, representing proponent , addressed the proposal . Peterson asked Mr. Bryant if he had received the letter from Ed Sieber dated November 17, 1986 . Bryant said he had just received it tonight . Peterson noted that there were some very serious concerns expressed in the letter. Bryant said he had assured Mr. Sieber that his letter will City Council Minutes -10- November 18 , 1986 R be presented to the Hennepin County Board on Thursday night as part of the official record, and said that they will reply to Mr. Sieber' s concerns . Bryant noted that they are working closely with the P.C .A . to ensure the control of run-off and pollutants . He said they are projecting an additional $139.000-$150,000 in the 1988 budget for operations and maintenance of the park which should help resolve some of the issues raised regard- ing surveillance , maintenance and administration. t Bentley noted his concern that there was no reference to the lake surface ordinance for Bryant Lake in the draft plan. He said he would like to see our surface ordinance recognized and incorporated as part of the plan since the ordinance was reached after extensive discussion with the residents and the Park Reserve District . Bryant said an attachment to the master plan that contains a copy of the surface ordinance will be presented at the Thursday night meeting. Bryant said that the staff recommendation to the Board includes support of any action by the Eden Prairie City Council with regard to surface grater regula- tions and controls . Redpath asked if there is any way the County can get in- volved in airplane traffic on Bryant Lake as that is going to become a problem . Bryant replied that they would like to tackle the problem by working with the City to try to resolve the issue. He said they are including that as a concern in their report . Anderson said that a number of years ago we had a report from the D .N.R . regarding water quality and that a major contributing factor was the horse stables . He said he be- lieves the County Park system has a responsibility to clean it up since it is their property and their horses. He also expressed his concern that the County. the City and sur- rounding cities should be working on a trail system leading to and from the park systems . Bryant said one of the recommendations going before the t Board is to acquire more land to the northwest of the exis- ting boundaries and that this would allow them to establish sedimentation ponds and water impoundment areas to try to control run-off . He said that tonight ' s comments from the Council will be presented to the County Board on Thursday and that he will get back to the Council with their response . Pidcock asked what boat speeds are allowed on Bryant Lake and whether water-skiing is allowed . Bryant reviewed the restrictions that exist as a part• of the City ordinance . a City Council Minutes -11 - November 18. 1986 Ed Sieber, 11792 Dunhill Road , reviewed the points raised in his letter to Mr. Bryant of November 17 , 1986 . regard- ing the problems caused by the horse stable , maintenance , and lack of surveillance . He said he believed these prob- lems must be addressed and Rowland Road must be upgraded before the park can be developed . Peterson assured Mr. Sieber that we are concerned about the situation and will monitor the issue . Pidcock asked if the Humane Society had been called about the situation with the horses . Mr . Sieber said he had considered it but hadn't done it . Director of Community Services Lambert said that when the City first entered into the agreement with H .T .C . on the horse operation, there was extensive discussion regarding the number of horses in the facility and the handling of waste mate.^ial and, further, that such issues were included in the contract . Anderson asked if we have the means of sending an inspec- tor out to check on it . City Manager Jullie said we could send someone out to inspect it . Anderson said he would suggest that someone do that and report back . Pidcock asked who we would send out . Jullie replied that it would probably be our Animal Control officer, Mr. Snyder. Anderson said that he would like to have Staff and the Park Commission take a look from time to time at the opera- tion of boats on both Bryant Lake and Riley Lake as he felt there are problems at both lakes . Lambert noted that a long process had been gone through several years ago to arrive at the speed ordinance we now have . MOTION; Anderson moved , seconded by Pidcock, to direct Staff and the Park, Recreation & Natural Resources Commis- sion to review the regulations for the operation of motor- boats on Bryant hake and Riley Lake and report back to the Council . Motion carried unanimously. C . Request bX the Wilkies for jgublic access to their land over Bluffs East t an th Additions City Manager Jullie referred to the letter of October 31 , 1986 from John C . Rosholt to Mayor Peterson regarding the request by the Wilkie family for access to their property over Bluffs East 4th and 5th Additions . John C . Roshold , an attorney representing the Wilkies, re- viewed the request . He said they have tried to work out �c City Council Minutes -12- November 18 , 1986 some arrangement for access with Mr. Hustad as suggested by the Council in May when approval was given for the Bluffs East 4th and 5th Addition; however, they have been very dis- appointed in their efforts . He presented a drawing pre- pared by an engineering firm depicting means of access to the Wilkie property . Peterson asked if the Husta.ds had been made aware that this request was on the Agenda tonight . Jullie said he did not think so . Pidcock proposed that this be referred to City Attorney Pauly and that he get back to the Council with recommenda- tions . Bentley said he agreed with that suggestion and noted that he thought it was fruitless to discuss this without both parties being here . MOTION: Pidcock moved, seconded by Redpath , to direct City Attorney Pauly to research the situation and present his suggestions at the next Council meeting; to strongly encourage Mr. Wilkie and Mr . Hustad to resolve this ; and to direct Staff to notify both Wilkie and Hustad when this item will again be on the Council Agenda so that both par- ties can be represented . Motion carried unanimously. D . Request bbQuail Ridge pro `ect to redeem the Housing Revenue Bonds issuedin 19 Resolution No . - ) a City Manager Jullie referred to the memo of November 14, 1986 from Finance Director Frane reviewing the request for redemption of $5 ,565 ,000 in housing revenue bonds for the Quail Ridge project . He noted that the proponents were present to answer questions . Pidcock asked if this would mean that we would redeem them or rescind them. Frane replied that we would do neither, r but if the Court orders a mandatory redemption of the bonds, the City would not object to it . Gary Fuchs , 3460 Washington Drive in Eagan, noted that the developers intend to come back to the Council and request that the Council consider refunding these bonds since the problem with insurance would have been solved once the redemption occurs . MOTION: Redpath moved , seconded by Bentley, to adopt Reso- lution No . 86-2 85 authorizing the Amendment of A Certain Trust Indenture Between the City of Eden Prairie and First Trust Company of St . Paul Relating to the City's $5 ,565,000 Multifamily Housing Revenue Bonds for the Quail Ridge Apart- ments project . Motion carried unanimously. a City Council Minutes -13- November 18 , 1986 k VIII . REPORTS OF ADVISORY COMMISSIONS A . Memo from Development Commission City Manager Jullie referred to the memo of November 10 , 1986 from the Development Commission requesting that Council review of the charge to the Commission be postponed until the reorganized Commission has had an opportunity to study it and recommend changes . MOTION: Anderson moved , seconded by Redpath, to postpone Council review of the charge to the Development Commission until the reorganized Commission has had an opportunity to study the charge and recommend changes to the Council . Bentley noted that he thought the recommendation was that the Development Commission be disbanded . Jullie replied that the Commission recommended the current membership be r disbanded but that the reconstituted Commission include those members who have had regular attendance and, further , that additional appointments would be made in January. Peterson said he thought disbanding the Commission was an A unnecessary way to get rid of those members who have not attended meetings or been involved in the work of the Com- mission. He said a better way would be to have the Council write a letter to such Commission members stating that their lack of attendance indicates an unwillingness to serve on the Commission. Pidcock noted that she agreed with Mayor Peterson, but, in addition, she thought they should have a clause in their by-laws regarding attendance , similar to that of the Human A lSlgh 47s VOU1W-UAL -JU—1011. VOTE ON THE MOTION: Motion carried unanimously . MOTION: Pidcock moved that the Development Commission adopt the same by-law regarding attendance as the Human Rights and Services Commission. Peterson said the Development Commission does not have by- laws . Motion died due to lack of a second . Bentley said either we have to make a code change relative to mandatory attendance requirements and other items re- garding the commissions or it is up to the commissions to establish their own by-laws . City Council Minutes -14- November 18, 1986 Anderson said from his experience a commission sometimes does not function as it should because certain people do not attend . He said he thought at the beginning of the year the Council should take a look at putting down some sort of restrictions on all commissions . MOTION: Bentley moved , seconded by Anderson, to direct the City Attorney to work with Staff to draft a Code amend- ment that would create a mandatory attendance requirement for all advisory commissions . Pidcock said she didn't think it was up to the Council to set the by-laws for the commissions . Peterson said, he dis- ;j agreed because the Council appoints the members to serve as advisory bodies ; therefore we have a serious interest in their performance level . Redpath called the question. a VOTE ON THE MOTION: Motion carried with Pidcock opposed . City Attorney Pauly asked for the sentiments of the Council as to whether failure to attend a certain number of meet- ings would be cause for automatic revocation of membership or simply cause for fiirther consideration by the Council . Peterson said he thought it should not cause automatic revocation but rather that the Code amendment should in- clude a process and provision for notification of a mem- ber that a certain number of meetings have been missed and if the attendance pattern doesn't change the Council will assume the person no longer wishes to participate . IX . APPOINTMENTS There were none . X . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Council Members 1 . Design of new City Hall Council Chambers r City Manager Jullie said that they are in the process ` of finalizing the floor plans for City Hall and re- quested input on optional layouts of the Council cham- bers . MOTION: Pidcock moved , seconded by Anderson, to con- tinue discussion of this item to the Special City Council meeting on Tuesday, November 25, 1986. Motion carried unanimously. City Council Minutes -15- November 18, 1986 2 . Pidcock - Update on Offer of Old Holasek Home Director of Community Services Iambert reported that he had checked out the house, found it to be in very good condition, and found it to be similar in design to the Grill house . He said he had forwarded the in- formation to the Historical & Cultural Commission for their review and requested the representative from the State Historical Society to provide information on the value of the house . He also said he will try to get a cost estimate from a mover and then will return to the o- Council with all the pertinent information such as the cost to move it , where it would go and how it would be used . He said it will probably take a couple of months to complete the research on it . B . Report of City Manager i There was no report . C . Report of City Attorney City Attorney Pauly noted the I-team report and the response in the newspaper regarding the handling of misdemeanor cases which mentioned a case in Eden Prairie . He said he would be glad to answer any questions on that . There were no questions . D. Report of Director of Community Services 1 . Edenvale Trail (continued from October 7, 1986) nirArtnr of rprnmimity CcnrvinPq TamhRrt stated that the following two questions were continued from the October 7th meeting: a. EAW Request b . Trail extension and Bridge at the end of Hillcrest Court He said Staff is recommending that , if the EAW request is approved , the trail extension and bridge question be continued until the EAW is completed . James Cullen, 15381 Creekside Court, said the residents met with City Staff in September, presented their con- cerns to them at that meeting, and discussed alternative suggestions . He said that it would be unfair to say the residents are opposed to trails, but rather they _ November 18, 1986 City Council Minutes 16- are opposed to the plan that was presented . As a re- sult of that opposition, he said they filed petitions including a request for an EAW to be done on the en- tire Purgatory Creek trail system. He summarized their reasons for wanting the EAW to include the entire trail development rather than just studying the Edenvale marsh area . Cullen said they had suggested to Staff that mowing of the trails would be acceptable and that they would like tD see the entire perimeter trail. mowed . Regarding the question of a survey, he said he personally does not believe the survey would do a whole lot ; however, the argument that surveys set bad precedents would also have to be used against such items as the proposed survey for City Hall . 'r Cullen further said that Mr. Lambert has been responsive to their concerns about a people management plan and they look:- forward to working with him on that . He ex- pressed disappointment that the residents weren' t in- vited into this process since the Council has appointed a citizens ' committee on every other major issue in the City. n Bentley noted that the Council does not appoint citizens ' committees every time there is an issue before the Coun- cil and he personally does not believe the Edenvale marsh is of the significance that would require a City- wide citizens' committee . He said he thought the re- quirement to do an EAW on the entire creek corridor is absurd as we have no idea at this point what the devel- opment will be along the entire corridor. He also said he thougrit the idea, of equating A �^ - l._ ..b ,� ^�•�.. •. .ay ire ���c Edenvale area to the survey for City Hall was invalid ; that each 3 issue should be judged independently on its own merits . Anderson noted that this issue started with a develop- ment proposal that came through, at which time Mr. Lam- bert was asked to find an appropriate location for a creek crossing. He said this is part of the planning to get pedestrians from one area of the City to another since there is no crossing- for pedestrians to get from Edenvale to Round Lake . Anderson said in 1972-1974 the City Council directed that a study of Purgatory Creek be done through the City commissions for the purpose of making recommendations for future development of that area . He said the cur- rent proposal to develop the Edenvale marsh area as a passive park system was part of that planning done in 1974. Af Y City Council Minutes -17- November 18 . 1986 Redpath noted that there are large areas along Purga- tory Creek that will not be able to support a trail and that we have already completed an over-all study of Purgatory Creek . Mr. Cullen responded that they are asking that the plan be studied from an environmental impact point of view. He said that the plan is broken into segments and the -aw does not allow the Council to segment an environmental impact project but rather it must be studied in totality . n City Attorney Pauly said the E.Q.B . rules require that a project which has a significant impact on the environ- ment requires the preparation of an EAW. He said the rules specify tr e particular types of projects where an EAW is mandatory and that none of those specific rules cover the project which is being proposed , not only with respect to the Edenvale trail itself but also with respect to the entire corridor. He said there is a provision whereby the Responsible Govern- mental Unit (R .G .U. ) has the discretion to order an EAW so that the Council does have the authority to :.. order an EAW . Regarding the question of segmenting an environmental impact project , Pauly said the rules say that actions consisting of several segments would be considered phased or related if they would occur within a short time . He said he had reviewed the proposed actions within the Purgatory Creek corridor and that most of the projects appear tc twc f:irly dicccn _ected from one another; therefore, he did not think this constitutes Bentley asked about the specific recommendation from Staff. Lambert responded that they are suggesting we proceed with an EAW on the Edenvale Trail project, not on the entire creek corridor. He said we don't know exactly what will be developed along the entire corri- dor but we do know there will not be trails along the entire creek . MOTION: Bentley moved , seconded by Anderson, to direct Staff to complete an Environmental Assessment Worksheet (EAW) on the proposed Edenvale Park Trail system and to continue consideration of the proposed trail extension and bridge at the end of Hillcrest Court until the com- pletion of that EAW. City Council Minutes -i8- November 18. 1986 Peterson asked if the EAW could be completed in winter . Lambert said he would have to check into the questions on the EAW before determining whether it can be done at any anytime of the year . Pidcock asked if we have the funding for the EAW. Lambert replied that it would be done in house by Staff. VOTE ON THE MOTION: Motion carried unanimously. 2 . Uses Proposed for Existing City Hall Building City Manager Jullie reviewed suggestions in the memo of November 13th from Director of Community Services ,Lambert on proposed uses for the existing City Hall building. Lambert noted that recent conversations with Helen Anderson regarding the historical records indicate that - hey will require more room for record storage ; there- fore the Community 'Theatre would have to get by with filing cabinet space only rather than a separate office . MOTION: Bentleymoved seconded b Anderson to approve Y PP the recommendations of Staff for use of the existing City Hall building by leasing the upper floor and the old Council Chambers to the School District for the Family Education Center, and designating the lower level a Senior Citizen Center with facilities for historical records storage and Community Theatre use . Motion carried unanimously. F . Report of Director of Public Works 1 . Consider "No Parking from 2 : 00 AM to 6:00 AM" on City Streets Director of Public Works Dietz reviewed his memo of November 12, 1986 concerning a proposed parkin bail on City streets between the hours of 2:00 AM and E00 AM. He said more and more communities are enacting such a parking restriction but that it would probably be controversial, particularly in certain areas of the City. He said he wanted to discuss this item with the Council before preparing the proposed ordinance . Peterson noted that in residential areas the plows �r don' t go through until after 6 s 00 AM so he was concerned 'l. that such an ordinance would serve the purpose for which it was intended . Dietz responded that the purpose M�. City Council Minutes -19- November 18, 1986 would be to make sure that people don't leave cars out on the street at all and that the 2-inch snow ban would still be in effect . Bentley said the important thing is not necessarily to accommodate our own ease of operating the community but rather is it in the best interest of the entire community to enact an ordinance . Dietz responded that, while that is true , there are several pieces of infor- mation from Public Safety about the side benefits and that we did not plan our streets to accommodate parking. A d-i scussion followed regarding the benefits of such a ban as well as the problems that might be involved . Bentley said he thought if we are going to do this, we would have to draft an ordinance and have a public hear- ing so that the public would be notified about it . He said he would like to shelve the issue for the time being and if there are significant problems with plow- ing this winter, Staff could come back with the details and action could be taken at that time . i Anderson said he would also like to go through the win- ter and receive documentation next spring as to any .._ problems that occurred before any action is taken by the Council . He said he would also like to see Public Safety take a look at this issue. 2 . Speed studies in Residential Neighborhoods Cardinal Creek , Kristie Lane and Duck Lake Road Continued—from i October 7, 1986 k Director of Public Works Dietz referred to the Staff report to the Council on this subiect dated nctnher. 1986 and said that after reviewing the literature avail- able on speed control, he had determined that stop signs are not a very effective means of speed control . He said most of the requests have been for stop signs ex- cept that Cardinal Creek residents had requested 20 MPH speed limits ; however, that would require a petition to the State Commissioner of Transportation to conduct a study of the situation. He said , further, that Public Safety review of the Cardinal Creek area revealed that the average speed is only 23 MPH anyway. Regarding the Duck Lake Road request , Dietz said it had been determined that no traffic sign there would have prevented the fatality on that road. As indicated in his report , Staff is recommending that we consider a higher level of enforcement by Public Safety on this a 4 City Council Minutes -20- November 18, 1986 road . He said Public Safety is continuing to monitor the traffic situation there . Dietz said they are recommending that no additional signs be installed at Kristie Lane as there appears to be no increase in speeds or, traffic volume that would warrant such installation. The consensus of the Council was that Mr. Dietz had prepared a very thorough and excellent report on this subject . Dietz said that after his research on this problem, he is recommending that we re -evaluate our position on sidewalks in neighborhoods because sidewalks provide r a place for the children to play. He said they are recommending that neighborhoods without sidewalks con- sider a special assessment to install them, especially those areas in which sidewalks could be installed easily. Anderson said he thought this was a problem in many neighborhoods, not just the three under discussion. CRedpath noted that sidewalks had been a concern for many years . Roger Swigart, 13184 Cardinal Creek Road, noted that there are sidewalks in portions of the Cardinal Creek neighborhood . He said there is a lot of supportive data against unnecessary signs but he believed there are some areas where signs are necessary. He said if there is a problem relative to the speed of traffic, then sidewalks won't help. He also said he would like to see stop signs put in at the Sandrid ge and Cardinal Crcck ir14Cr section and at the Cardinal Creek cul-de- sac and see how it goes Pidcock noted that there are two stop signs on Duck Lake Road at the present time . MOTION: Bentley moved, seconded by Redpath, to direct Staff to take a closer look at the intersections in the Cardinal Creek neighborhood to see if safety and traf- fie control concerns would be met by signage at those intersections . Peterson said he would like to see a report and more data that makes it conclusive that signs are needed / and would be potentially productive . Anderson said if this is a concern in this community, I then it should be made part of a public hearing on t� AM s City Council Minutes -21 - November 18, 1986 speed zones . He said he would like to have crosswalks painted in if we are going to install stop signs. VOTE ON THE MOTI©N: Motion carried unanimously. XI . NEW BUSINESS Bentley congratulated Mayor Peterson and Councilmember Anderson on their re-election to the City Council . XII. ADJOURNMENT MOTION. Pidcock moved, seconded by Redpath, to adjourn the meeting at 11 s 50 Pm. Motion carried unanimously.