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HomeMy WebLinkAboutCity Council - 01/19/1988 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 19 , 1988 7: 30 PM CITY HALL COUNCIL CHAMBER S 7600 EXECUTIVE DRIVE COUNCIL MEMBERS : Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Asst. to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Sue Anderson. PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. PRESENTATION: Mayor Peterson presented recognition plaques and certificates to Ron Funk and Robert Mjolsness for ten years of service to the Police Reserve Unit. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X.B. 1. Discussion of City Manager Review Form; X.A. 1. Update Council on the Intergovernmental Affairs Committee of the Regional Rail Authority Meeting. MOTION: Harris moved, seconded by Eentley to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES A. Regular City Council meeting held Tuesday, December 1, 1987 (continued from January 5, 1988) . The following changes were made: Page 10 MOTION: shall read Bentley moved, seconded by Peterson. Page 10, Paragraph 2: shall read: Harris stated after hearing the report on pay equity, it was apparent that the City is in a good competitive position in the current market since the Manager's salary is only 1. 6% from the market value. The City should however encourage continued good performance by the City Manager through a 3% economic adjustment plus 2% financial incentive to bring the Manager even with the market. Page 11, after Paragraph 10 insert: Harris expressed her concern on the Eden Prairie City Council -2- January 19, 1988 demographic information not adequately reflecting the current status of Eden Prairie and therefore impossible to project ridership. MOTION: Harris seconded by Bentley, to approve the Minutes of the Regular City Council meeting held Tuesday, December 1, 1987, as published and amended. Motion carried unanimously. B. Special City Council meeting held Tuesday, December 22 , 1987 (continued from January 6, 1988) MOTION: Bentley moved, seconded by Harris, to approve the Minutes of the Special City Council meeting held Tuesday, December 22, 1987, as published. Motion carried unanimously. III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 4-88, amending City Code Sect on 5. 37 by amen dl—ng- Section 5. 37 , Subs. 5 which defines the word "Peddler" -' B. 1st Reading of Ordinance No. 9-88, amending City Code Sec. 2. 05, Subd. 3 Relating to the Payment for Attendance of Meetings I& the Mayor and Council. C. Set Special City Council meeting for 5�30 PM on Tuesday, February �9 1988 at C ty Hall for the purpose of of nterviewing candidates for boards and commissions D. Set Board of Review meeting for Thursday, April 28, 1988 at 7 : 3 O PM E. SHADY OAK RIDGE 3RD ADDITION, (AKA Shady Oak Ridge 2nd Addition) by Joe Ruz c. 2nd Reading of Ordinance #59-870 Zoning District Change from Rural to R1-13.5 on 0.19 acres and Zoning District Amendment within the R1-13 .5 on 0. 19 acres and Zoning District Amendment within the R1- 13 . 5 District on 2 .88 acres; Approval of Developer's Agreement for Shady Oak Ridge 3rd Addition; and Approval of Resolution No. 88-12, Authorizing Summary of Ordnance No. 59-87 and Ordering Publication of Said Summary. 3 .08 acres into 4 single family lots. Location: West of Old Shady Oak Road, north of Rowland Road (Ordinance No. 59- 87 - Rezoning; Resolution No. 88-12 - Authorizing Summary and Publication) F. 1st Reading of Ordinance 1-88 Amsndina City Code Chapter 2,L Sectlon'R 2. 11, Subdivisions 3 and 41 Which Set the Time Period for Council Revue and^C zars Appeal for Soard of Appeal Actions. W Eden Prairie City Council -3- January 191. 1988 G. lst Reading of Ordinance �2.-._88, Amending City Code Chapter 7, Section 7 .01. Which Updates Reference to 1987 State Traff c Law. T H. lst Reading of Ordinance #3-88, Amending City Code Chapter 12 Sect1on 12 .03 Subdiv s on 17 Which Updates the Definition of Subdivision, and Secteon 12.40 which Deletes Old La ua a on es of Subd�slons forth City Can—Require Parkland Dedication. I. Wyndham Knoll Special .Assessment Agreement Release J. Bluffs West 5th Addition Special Assessment Agreement Release K. Final Plat approval for Shady Oak Ridge 2nd Addition (iocat: d north of Rowland Road and west of Old Shady Oak Road) Resolution No. 88-17 L. Final Plat approval for Gopher Lane Addition (located north of Pioneer Trail and west of Staring Lane Resolution No. 88-18 M. Approve Plans prepared by Hennepin County for a traffic control signal system at the Intersection of Pra r e Center DZ ve with County State Aid H ghway 339 (Valley View Road) Resolution No. 88-20 N. Approve cooperative construction agreement with Hennepin County for construction�of a traffic control si al system at the intersection of Pra r e Center Drive-with County State A d Highway 39 SValley View Road Resolust on No. 88-21 O. Approve plans prepared �b][ Hennepin County for improve- ments to County State Aid H ghway No. 4 between Westgate Drive and Terre y Pine Drive (Resolution No. 88-22) P. Approve cooperative construction agreement with Hennepin County for -movements to County State Aid IL hway No. 4 between Westgate Drive and Terre y Pane Drive (Resolution No. 88-23) Q. Approval of Eden Prairie Senior Center Change Order No. 6 R. Lot 1 Block 1, Shady Oak Industrial Park 6th Addition Special Assessment Agreement Release. MOTION: Harris moved, seconded by Bentley, to approve Items A-R on the Consent Calendar. Motion carried unanimously. i Eden Prairie City Council -4- January 19, 1988 IV. PUBLIC HEARINGS A. BLUFFS EAST 5TH ADDITION, by Hustad Development Corporation. Request for Zoning District Change from Rural to R1-13 . 5 on 17 . 68 acres, and Preliminary Plat of 30. 1 acres into 34 single family lots, 3 outlots, and road right-of-way. Location: Southeast of Meade Lane extension, west of Franlo Road, northwest of Antlers Ridge extension. (Ordinance #7-88, Rezoning; Resolution #88-14, Preliminary Plat) City Manager Jullie reported that notice of this public hearing was sent to owners of 145 surrounding properties and published in the January 6, 1988 issue of the Eden Prairie News. The Developer requested zoning district change from Rural to R1-13 . 5 on 17.68 acres and Preliminary Plat of 30. 1 acres into 34 single-family lots and 3 outlots. The property proposed is located west of Franlo Road, northwest of Antlers Ridge extension, and southeast of Meade Lane extension. The Developer withdrew his request for a public hearing by the City Council which had been scheduled for November 17, 1987 . During the interim time, the unresolved issue of providing sidewalks has been discussed by the Parks, Recreation and Natural Resources Commission. Bob Smith, Hedlund Engineering, representative for Hustad Development, presented the preliminary plat and rezoning proposal for the Bluffs East 5th Addition. He stated Phase II would consist of 34 single family lots with average size being 18, 370 sq.ft. Existing utilities have been established, and sidewalk would begin at Wild Duck Pass connecting to Franlo Road. He concluded that Developer is asking for approval of the preliminary plat Phase II of the PUD and rezoning from Rural to R1-13 . 5. City Planner Enger reported that this item was reviewed by Planning Commission at the October 26th meeting and on a 5-0 vote recommended approval of platting and zoning subject to recommendations in Planning Staff Report dated October 23, 1987. It was also recommended by Planning Commission that plans be submitted depicting a by-pass lane and right-turn lane on County Road 18 and constructed as required by Hennepin County, details of which had yet to be worked out. Also concurrent with the construction of the Bluffs East 5th Addition, Developer shall install a temporary 2-inch thick bituminous surface for Bluff Road. It is consistent with the original Plan Unit Development for the Bluff Country PUD. Director of Community Services Lambert reported that Developer met with the Parks, Recreation i Natural Resources Commission on December 7 and 21, 1987. The majority of the discussion was regarding sidewalks whereby it was recommended that no Eden Prairie City Council -5- January 19, 1988 sidewalks be required west of Wild Duck Pass on Bluff Road and Antlers Ridge. Sidewalks would be required from County Road 18 west to Wild Duck Pass, then north to Franlo Road, that a sidewalk be extended south on Antlers Ridge to the hard surface trail for the creek crossing access, and that there be a 30 foot wide outlot between lots for the asphalt trail. This recommendation was passed on a 6-0 vote. Bentley inquired if Staff and Developer are in agreement with the Parks and Recreation recommendation. Lambert responded affirmatively. Harris inquired to Smith how many lots were in the transition zone. Smith replied 4 lots entirely, and 9 lots partially within the zone, and 13 lots abutting the transition zone. Anderson asked Smith what access was being proposed to enter the park. Developer responded that a 20' wide easement would go between two lots. Pidcock inquired if the creek property, which was 100 feet on either side of the creek and the outlot of Creek Knolls, that had been promised as a gift had in fact been received. Lambert responded negatively. Pidcock asked if Bluffs West Outlot A had been donated. Lambert responded that he believed that all the outlots north of Creek Knolls through the area have been dedicated up to the north end of the subdivision of Bluffs East 5th Addition. He could not recall the status on Bluffs West Outlot B, but would provide a list of donated and dedicated land if requested. Lambert reported to Council that it was the Staff and Commission's recommendation that there should be a 30 ft. outlot between homes for the access trail, but Developer requested a 20 ft. easement. =. rc Peterson inquired what the implications were for 20 ft. versus y 30 ft. Lambert responded that with large homes, 20 ft. was not sufficient space to accommodate screening and landscaping. The Commission approved 30 ft. easement on the basis that the Developer return to Commission with plans for landscape and screening, and if such plans indicate adequate landscape and screening Commission would accept 20 ft. outlot. Without actually reviewing the suggested plans, the Commission recommended 30 ft. Lambert continued that at this point, they had not been supplied plans. Developer responded that the plans would be submitted with final construction package. There were no further comments from the audience. Eden Prairie City Council -6- January 19, 1988 MOTION 1 : Bentley moved, seconded by Harris to close the public hearing. Motion carried unanimously. MOTION 2 : Bentley moved, seconded by Harris to approve 1st Reading of Ordinance No. 7-88 for Rezoning. Motion carried unanimously. MOTION 3 : Bentley moved, seconded by Harris to adopt Resolution No. 88- 14 approving the Preliminary Plat. Motion carried unanimously. MOTION 4 : Bentley moved, seconded by Harris to direct Staff to prepare a Development Agreement incorporating Commission and Staff Recommendations with the final decision on the sidewalk issue per the most recent Parks, Recreation and Natural Resources Commission Recommendations including 20 ft. outlot with 5 ft. easement for drainage and utility on each side. Motion carried unanimously. Anderson commented further that he did not like the trail outlot being placed between lots. Until he views a better plan or a recommendation from Staff, recommendation should stand at 30 ft. Peterson stated that the Council was not adverse to the 20 ft. outlot but was very concerned about screening and drainage on a steep slcpe. C. CREEKVIEW, Brown Land Company. Request for Planned Unit Development Concept on 78 .22 acres, Planned Unit Development District Review on 78. 22 acres with variances, Zoning District Change from Rural to R1-13 . 5 on 60. 15 acres, Preliminary Plat of 78.22 acres into 93 single family lots and 2 outlots. Location: South of Bluffs East 4th Addition, north of River View Road. (Resolution #88- 15, PUD Concept; Ordinance #8-88-PUD-1-88, PUD District Review and Rezoning; Resolution #88-16, Preliminary Plat) Jullie reported that the notice of public hearing was sent to owners of 69 surrounding properties and published in the January 6, 1988 issue of the Eden Prairie News. The Developer is seeking PUD District Review and Preliminary Plat on 78.22 acres and Zoning District. Change from Rural to R1-13.5 on 60. 15 acres for a subdivision with 93 single-family lots and 2 outlots. The location of property is south of Bluffs East 4th Addition and north of Riverview Road. This issue has had extensive review by Staff and advisory commissions over the { past few months. . MICHAEL GAIR, Site Designer Planning Consultant for Creakview, stated his purpose was to provide City Council with credible information in order to make a decision on the request before f k. Eden Prairie City Council -7- January 19, 1988 them. He introduced and gave credentials of the following individuals who were available for questions regarding the project: Peter Knaeble-Project Manager, Brian Olson-Landscape Architect, Ron Krueger-Land Surveyor, Don Brauer-former Consultant Planner for Eden Prairie and author of Purgatory Creek Study, Tom Goodman-Attorney representing applicant, Terry Schultz-Residential Designer & Architect, David Brown-Applicant, Wayne Brown-Applicant, Bob Wilkie-former owner of property in question, and Jim Wilkie-former owner of property in question. Lair's presentation covered four items: 1) introduction of the project with the aid of several exhibits giving background; 2) presentation of the plan that had been reviewed and presented to Commission and City Staff at earlier dates; 3) presentation of alternative options and/or layouts of the plan; 4) presentation of characteristics of the Purgatory Creek Development from County Road 1 to Riverview Road via an aerial slide tour. in giving a recap of the proposed development, Gair worked from Exhibit A showing land use for 78 acres; Exhibit B indicated the Purgatory Creek Study detailing 100-year flood plain, the conservancy line and transition zone; Exhibit C showing existing site feature of creek corridor and creek valley floor; Exhibit D featured soils map indicating different soils and slopes; Exhibit E showing site use concept plan for public domain, scenic easement and upland area development, Exhibit F indicated a plat concept that took into consideration all of the concerns in the Purgatory Creek Study. Gair, speaking to Plan 1 dated October 28, 2987 which included 93 lots, indicated that as a result of review and recommenda- tions by Planning Commission, Lot No. 5 was removed eliminating the creek crossing request. The private cul-de-sac was pulled back 3509 in order to stove it out of the conservancy. With the revisions, applicant's proposal was reduced to 92 lots with modifications and a 4. E-acre dedication to the City. Due to the legitimate concerns from residents and City Staff regarding the recommendation for approval of the subdivision, the applicant prepared an alternative plan, called Plan IA, which consisted of moving the east-west road 30 ft. further south up and away from the transition zone and woodland area. This would cut two lots from the core area. The shift of road would increase the depth of the building pad. Another plan alternative, called Plan 19, which came about late in the week of January llth, indicated moving the east-west road along the tree line well out of the tree line and created. two cul-de-sacs for access to lots. This roadway required nominal grading and the two cul-de-sacs would be built on z present grade. There would be no excavation up to tree line, and no loss of trees in the conservancy zone. I Eden Prairie City Council -8- January 19, 1988 Gair summarized the three plans as follows: Plan 1 called for 93 lots with an average lot size of 22, 000 sq. ft. with 8. 6% tree alteration; Plan lA called for 89 lots with an average lot size of 23, 000 sq. ft. with 7 .46% alteration; Plan 1B is further modified with 87 lots with an average lot size of 24, 000 sq.ft. with 6 . 39% possible alteration. He compared lots in the transition area with similar developers in Purgatory Creek indicating the proposed project was less intrusive than others, that they in fact had a greater percentage of lots in the conservancy zone. This subdivision request was not any more aggressive than any in the past for the Purgatory Creek area, and in fact was now less aggressive and a greater distance from the ^reek area. An aerial slide tour of the area was presented so Council and audience could experience aerial and ground shot experiences of the impact of the previous developments and the proposed development. Peterson requested Developer move along rapidly with the comparative material so Council could hear the subject material . Gair continued in summation stating that applicant had addressed the concerns of: 1) there are no rule changes/ aggressiveness was eliminated by less tree loss and grading; 2) conservancy intrusion eliminated with road pulled back as in Plan 1B. The two lots in the conservancy are are left natural - no roads or intrusion; 3) violation of transition area has been corrected and plans indicate fewer lots than in any other comparable subdivision; 4) infringement of the rim was no more extensive than other developments; 5) storm water run-off concern would be handled through proper engineering design; 6) tree loss has been reduced in alternative Plan IB; 7) soils/ erosion/steep slopes issues have been addressed in the soil evaluation; and 8) grading of the site was less in the alternative Plan 1B. DON BRAUER spoke on the Purgatory Creek Study, its history and how it was developed. It was not the intent of the City to dictate to developers but give a guideline to preserve the resources of the City. He has looked at this plan and felt it was not more intrusive and actually appeared to be less so than other developments that occured on the unvegetated south facing slope. Director of Planning Enger reported that the Planning Commission heard this proposal at its November 9th meeting for information purposes and at the December 14th meeting reviewed the plan for 93 lots and made recommendation for approval subject to Staff Recommendations to the plans dated October 28, Eden Prairie City Council -9- January 19, 1988 1987 which suggested changes to the Developer concerning tree loss and lots in the conservancy area. Enger summarized the more recent Staff Report Recommendations dated December 11, 1987 as follows: Prior to City Council review, Developer shall: 1) submit a tree replacement plan based on 1, 711 caliper diameter inches of trees for Staff review. The majority of trees should be oak. Since that time there has been concern of the accuracy of the overall tree inventory. Stuart Fox, City Forester, had done an extensive independent study of the forested area using State Department agricultural tables as an empirical method and through extensive random field plots done across the entire wooded area, he was prepared to respond to questions. The overall amount of trees found on the site was about the same as originally reported by Developer, and tree loss was somewhat less than on original inventory due to modification of the plans. Continuing on with Staff Report Recommendations: Prior to Final Plat approval, Developer shall require: 1) submit detailed storm water run-off, eros on control, and utility plans for review by the City Engineer and Watershed District. Prior to Building Permit issuance Develo er shall: 1) Pay the appropriate cash park fee paid on this property and would not be waived with land donation; 2) notify the City and Watershed District at least 48 hours in advance of grading; 3) suggestion of an eight-foot wide trail easement to the City along the private road to Purgatory Creek. Prior to an • grading on the property, Developer shall stake the proposed grading limits with a snow fence. Any trees lost outside the construction area shall be replaced inch per inch. Said construction fencing g shall remain on-site until after an occupancy permit has been issued on a lot by lot basis. Comply with a requirement for constructing an eight-foot wide bituminous trail along the north side of Riverview Road with a connection to the private road concurrent with street construction. 4 Lambert reported that Parks, Recreation and Natural Resources Commission reviewed this proposal at the December 21st meeting along with the Planning Staff Recommendations. The majority of the meeting dealt with the concern of the tree removal which resulted in approving the recommendation of the Planning Staff to approve the Creekview Subdivision. An amendment to that motion recommended that Council consider an independent party conduct a tree inventory on the entire site. This motion passed with a vote of 6-0. Lambert noted that the City Forester conducted an inventory, but the City did not engage an outside party to do an additional inventory. Bentley inquired if Staff had adequate time to review Plan 18 based upon previous criteria recommended. Enger responded that Plan 1B was very much the same as the original plan except for the .ridge area. Staff had been working with the Developer to modify and pull the street away n: 5 Eden Prairie City Council -10- January 19, 1988 from the conservancy area, so when the proposal came in with alterations it was a direct response to specific suggestions made by the City Staff and Staff was comfortable with Plan 1B. Bentley inquired why the road to the conservancy area would be a private drive, and would it be built according to City standards? Enger answered that the driveway was originally proposed as a public road to the creek bottom. Staff felt it caused a disruption in the area because of right-of-way grading requirements. When Developer finally reduced the area to two lots at the bottom of the road, it was recommended that a private drive would be less intrusive than a public road. The City has done this for some lots in the past, and this proposal preserves the topographic and vegetation features. The main differences between a private drive and a public road would be the private drive width of 261 , no concrete curb, and the elimination of the 11 ft. boulevard on each side of the road. Bentley stated it should be understood that the private drive would not be maintained by the City, and inquired as to who would maintain this road. Developer responded that homeowners would maintain the road. Bentley asked City Attorney Pauly to report and advise Council regarding a letter received at 3 : 00 PM this day from the MEQB petitioning for an environmental assessment worksheet on the proposed development. Pauly stated that the commurication from the Minnesota k Environmental Quality Board petitioning for an EAW was a procedure that has to be followed when twenty-five persons sign a petition to request an environmental study. The EQB evaluates and determines the credibility of the petition and forwards it on to the City in question. This particular petition had only 12 signatures and Pauly was unable to reach Mr. Gregg Downing or his assistant to determine if there were in fact 25 signatures on this petition. Pauly continued that the RGU (Responsible Governmental Unit-the City of Eden Prairie in this case) determines if the evidence presented by the petitioners and the proposer demonstrates that the location or nature of the project may have a potential for significant environmental effects. The City may deny the petition if the evidence presented fails to demonstrate that the project may have the potential for significant environmental effects. Pauly stated the legal alternatives and procedures if the project has the potential for significant environmental effects. If the Council determines that the project does not have such potential, it could so decide at this time, and address the issues of the rezoning and the preliminary plat, the Council may Eden Prairie City Council -11- January 19, 1988 also continue the hearing to a future date to make a determination whether the proposal may have a potential for significant environmental effects. Peterson inquired if it was in the jurisdiction of the Council to determine the potential of significant environmental effects on the project. Bentley stated that Council could take action presently to determine if there was potential for significant environmental effects, if there was a need for a study, or continue this hearing and make a determination at a later date. Harris, looking at proposed Plan 1B, inquired if Staff saw a potential for significant environmental effects r9sulting from the revf.sed plan. Enger responded that given a measure of potential significant impact comparable to other like projects established by past City review procedures, and given revisions proposed in Plan 1B, and given adherence to proper construction, tree protection, grading and erosion control procedures, there was not potential for significant environmental impact. Harris stated that if the project has no environmental effect the MEQB worksheet was not necessary. MOTION 1: Pidcock moved, seconded by Harris that the proposed development has no potential for significant environmental effects. Peterson stated the Council would hear evidence from the petitioners and others. MOTION 2 : Bentley moved, seconed by Anderson to table the motion that the proposed devleopment had no potential for significant environment effects. Motion passed unanimously. WALLY HUSTAD, JR. , 9746 Mill Creek Drive, stated that the people in opposition are not against the development but instead are concerned citizens that want the least amount of impact on the area. He described the impact on Plan 1, Plan 1A, and Plan 1B. He continued that he did not agree with City Planning Staff and Commission that this should be recommended for approval and they should reconsider. He did state that Plan 1B was the most sensitive to the area. Hustad felt the point was to find a plan that Developer and residents could live with. He stated the changes to date would not have come about without the intervention of the residents. He said the more aggressive plan was reccmmended by Staff, and was a gross s error on the performance of the Staff in recommending approval . of this project; and stated Staff of turning this into a debate for developer vs. developer. Eden Prairie City Council -12- January 19, 1988 Peterson interjected at this point and stated that this was not a forum to criticize the Staff. If anyone has criticism, he or she should arrange a meeting with him or the City Manager. Council would not tolerate any more criticism of staff at this hearing. Other Councilmembers affirmed his sentiments. Bentley clarified the situation stating that Plan 1 was recommended for approval by the Planning Commission based on recommendations from Staff; and stands behind Staff and Commission. He further commented that as far as he was concerned Plan 1 was dead, Plan lA was dead, and Plan 1B was the plan to discuss from this point on in the hearing. WOODY GINKEL, 10430 Whitetail Crossing, stated that homeowners felt sufficient details were not addressed and were still unresolved regarding the tree loss, the position on aggressive grading, and soil issues. They hired Professor Roger Martin to independently study the area. With the present Plan 19, which was the best plat presented thus far, there was only the soil issue to be dealt with. With respect to the request by Councilman Bentley that no summations be heard on Plan 1 or Plan lA - he stated they can only respond to Plan 1. In view of the fact that Director of Planning Enger had only seen Plan lB for two days, he urged Council to listen to Professor Martin's report as it was pertinent to soil erosion and the potential environmental effect still remaining true on Plan 1B. MARLYS LUND, 10164 Trotter's Path, introduced Professor Roger Martin with Martin & Pitz Associates and his credentials as an expert in his field. She asked Council to view his presentation as an opportunity to look further into the final f decision regarding this proposal. x PROFESSOR RJGER MARTIN, homeowners' consultant, stated he felt ill-prepared to comment in view of the new Plan 18. His study was based on Plan 1 and summarized four concerns of impact. 1) The severe erosion potential of the proposed environment during-and after-initial land development and specific unit y construction. 2) The unrealistic grading limits indicated by the Developer. 3) The visual impact of hardwood vegetation loss due to the development and unit construction. 4) The Developer's estimate of 23% tree loss as being too low. He felt an environmental assessment worksheet on the development was now even more important in light of a new plan which has not been environmentally reviewed properly by the homeowners or Staff. He did state that Plan 1B does reduce the tree loss and the amount of grading to the slope. WALLY HUSTAD, 10470 Whitetail Crossing, stated he was opposed to the original development by focusing on four related issues. 1) Allowing a hard surface road to penetrate the valley. 2) Having hard surface road would bring about dirt bikes and three- wheel vehicles. Public access was desired with a natural Eden Prairie City Council -13- January 19, 1988 environment but needed careful thought and control. 3) He was opposed to grading of the rim. 4) Filling in the ravine and going into the valley with the road was a major issue. He further stated that he was not opposed to allowing people in the valley but was concerned with controlling the access. Bentley stated that on Plan 1B the private road to the creek was held back an acceptable distance from the creek. Gair added that the road was 400 ft. from the creek and the house would be on a rim 40 ft. above the creek. DORIS BROOKER, 10164 Trotter's Path, described the resident 's exhibit model of the Purgatory Creek area, scaled 10 ' per i", as an accurate portrayal of the development before the Council. She stated that Council should judge this plan for its merits. Professor Martin had only three weeks to study this plan and the Staff has had nine months. She felt residents would feel better if, besides a home-designing architect, the Developer had a landscape architect to protect the sensitive features of this area. She :felt Mr. Gair summarized the concerns accurately as to the tree loss and drainage, and she felt pollution should be added as a concern. As citizens, she asked that Council move to approve the MEQB environmental worksheet analysis, or a continuance. This was important to twenty-five people from the area that this be done. This is a virgin, pristine area and there is no point of reference to the sensitive environmental factors. She continued that the worksheet would be a checklist of information and facts that are needed. There was nothing to fea- and only information to gain. They did not expect to be surprised by the Developers ' new plan and believed it needed more scrutiny. In closing, she stated they are not talking about disapproval of the project, they are asking specifically for an environmental assessment worksheet. JIM MARTIN, attorney for homeowners, stated he was asked to advise them of their legal rights in regards to their objections to the proposal . He advised them that their rights depended on the law which is the zoning compliance, the planning study and policy of the City. The criticism of the plat was to the body that approved the proposal. Time, effect and experience indicated that this plat should not be approved. He felt the criticism was valid in respect to the transition zone for Plan 1, Plan lA and Plan 18. The City has, as one body of law, the Guide Plan. Another body is the Purgatory Creek Study which was presented to the Council in 1976 and identified open space and park, and special efforts which should be taken to keep it in its natural state. He continued that this was not an open and shut case. He believed the opponents of this plan had come forward with some evidence that there is the potential for significant environmental impact. The request by the homeowners was supported by the petition for the EAW, and letters from the Audubon Society and the Army Corp of Engineers. It would behoove the City Council to let f.. Eden Prairie City Council -14- January 19, 1988 Professor Martin look at Plan 1B to see if he can add to it. He was convinced that the City Council had a duty to let the process unfold and obtain an environmental assessment worksheet for Plan 1B. He continued that Professor Martin has stated there is not just a potential of impact, there is actually going to be significant devastation to the lower Purgatory Creek corridor based on Plan 1; and with Plan 1B there are still lots in the conservancy area where there has never been lots proposed before. MELANIE KREMER, 10131 Phaeton Drive, inquired about the access to the trail included in the park. Lambert responded that the private drive would be the only access to the creek floor without steps, from Riverview Road north to a proposed access across from Homeward Hills Park. In the years to come, a trail from County Road 1 to Riverview Road with various access points would be proposed and all determinations thereof made by Council via a public hearing. DONALD BRAUER stated the City Comprehensive Guide Plan and Purgatory Creek Study were guides fcr the planning and processing of preservation of the land. He noted that nothing new had been proposed in this proposal versus other development proposals in the area, except for the private road and it corrects a serious erosion problem and provided future drainage. It provides the City with an opportunity to provide access to valley floor for emergency vehicles and for pedestrians. Other projects in this area have been done5 without the benefit of a formalized EAW process. The Staff and Council have reviewed many environmental assessment worksheets. There are a lot of questions and Staff knows the answers to them. All these factors have been considered in its review. He did not feel there was any benefit to the worksheet at this point in the reviewing of this proposal. WALLY HUSTAD responded that the Creek Knoll project in 1977 did have an EAW and it was presented to Council. With respect to the penetration of the valley, residents requested at the Parks, Recreation & Natural Resource Commission meeting that a task force be set up so that the whole issue of utilization of the valley be discussed with citizen input rather than just a small group of people deciding the use. Once the Council makes the decision to put a road down in the valley the City would pre-empt the decisions of the future. The Council should set up a task force made up of developers, Council, Staff and residents to decide if the City wants a Moir Park as in Bloomington, a Minnehaha Parkas in Minneapolis, or something special. DORIS BROOKER speaking to the approval of the environmental worksheet, stated that 25 residents who signed the petition and 45 others are asking that the worksheet be done. Professor Martin has stated the slopes addressed in Plan 1B are on the Eden Prairie City Council -15- January 19, 1988 south edge and lots on the north edge have not been addressed due to the brevity of time he has seen the plans. The least that the road in the ravine does is improve the drainage. The road into the ravine and the north lots need additional attention for evaluation. Residents have a concern and the City has something to think about for parks and trails. MARJORIE PITZ, Martin & Pitz Associates, stated it has not been brought forward that the road to the ravine is a very steep road with a 10% grade and should be looked at for environmental assessment impact. Harris inquired to Pitz if in Plan 1B the grade was still at 10%. Developer answered affirmatively and that 10% was not a steep grade for this area. Public Works Director Dietz responded that 8% was the City standard for public streets, but by policy, a private drive can be as much as 12%. Pidcock inquired if this road would be the only access for the public to enter the park or was there another area. Anderson replied that there was not another entrance open for public to access Purgatory Creek south of County Road 1. Lambert stated that the just approved Bluffs East 5th Addition would create a creek crossing with steps down the slope as well as another area across from Homeward Hills Park would go downward without stairs so the disabled would have access. There was no further public comment. t� MOTION 3 : Bentley moved, Seconded by Anderson to close the public hearing. Motion carried unanimously. MOTION 4 : Bentley moved, seconded by Anderson to take of; the table the F question of the EAW, and open for discussion. Motion carried x unanimously. Bentley stated that one of the reasons for the EAW was to go through the review process which the City does in the process of reviewing a development proposal. in virtually every case of an EAW it was repetitive of work done by the City. He has not seen an EAW presented that contradicted the work done by the City Staff. The purpose of an EAW was to help detarmine the impacts on the environment addressing such things as soil erosion vegetation, and these have all been addressed. He was not unsympathetic to the residents but does not see the necessity of the EAW and supported the motion. Pidcock was in agreement with Bentley. Pauly stated the motion should be clarified that the project presented here this date, Plan 1B dated January 18, 1988, does not have the potential for significant environmental effects. Eden Prairie City Council -16- January 19 , 1988 Peterson stated he was sensitive to the involvement of the people and applauded them for their involvement and quality of presentation. Their questions were answered and he would feel differently about the EAW if this was the first proposal or if it were a larger proposal. He believed the environmental questions had been raised and addressed by Council, Staff and residents, and he supported the motion. Anderson commented that this is a sensitive area and was appalled last June when he saw the original plans. The current plan is a significant improvement from the last one he .saw and he is satisfied with the project which has resulted from the process of negotiation, investigation of the harmful effects on erosion, soils, and trees. The questions of the EAW have been met to his satisfaction. Pidcock applauded the people who worked so hard to bring this project to its present stage. Pauly stated that as a part of the action in any event, there should be a Record of Decision and Findings of Fact. Staff should be directed to prepare a Record of Findings for presentation to and adoption by Council at a future meeting. MOTION 5: Harris moved, seconded by Pidcock to determine that Plan 1B does not have the potential for significant environmental impact and to Direct Staff to prepare a Record of Decision and Findings of Fact for EAW on Creekview Development Plan 1B Proposal dated January 18, 1988 . Motion carried unanimously. MOTION 6: Pidcock moved, seconded by Bentley to adopt Resolution No. 88- 15 approving the PUD Concept. Motion carried unanimously. t y MOTION 7: Pidcock moved, seconded by Bentley to approve lot Reading of Ordinance No. 8-88-PUD-1-88 for PUD District Review and Rezoning from Rural. to R1-13 . 5. Motion carried unanimously. f MOTION 8: Pidcock moved, seconded by Bentley to adopt Resolution No. 88- 16 approving the Preliminary Plat Plan 1B. Peterson requested discussion of rationale for inclusion of homes and private drive; and appointment of a task force to decide on trails, etc. in the near future. He continued that the private drive was the access point and it appeared to him that all the residents of the area should feel comfortable that there are two dwellings at the end of the road to monitor the traffic going to the creek floor. If there were no homes there would be no live-in monitors. The road, without monitors, would be an easy access point for three-wheel R Eden Prairie City Council -17- January 19, 1988 vehicles and dirt bikes. Having residents as monitors would mitigate the negative effect of the intrusion to the valley. His feelings were that the two homes would not be any more of an intrusion than the present homes in the creek valley. Bentley stated another consideration in the development was the knoll that the Developer was dedicating to the City and the public advantage to having that parcel. Motion carried unanimously. MOTION 9: Piddcoak moved, seconded by Bentley to Direct Staff to prepare a Development Agreement incorporating Commission and Staff Recommendations and Council conditions for Plan 1B dated January 18, 1988. Bentley clarified that the motion included a recommendation for public easement down the private road as a condition of approval and acceptance by the City of property dedication offered by the Developer. Wayne Brown stated at the time of final approval dedication of land would become effective. Lambert requested language be stated that Developer has offered the land as a gift. Peterson inquired if it has been defined where the trail would leave the private property and continue on toward the creek valley. Lambert stated the end of the cul-de-sac was the cut off. Motion carried unanimously. Harris spoke to the audience that this was a good demonstration of the democratic process. There had been public and private negotiations, findings of fact, discussion and debate. All present tonight should feel comfortable with the outcome. { t V. PAYMENT OF CLAIMS NOS. 39828-40123 MOTION: P d�cock moved, seconded by Bentley, to approve the Payment of Claims Nos. 39828--40123. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye.'" Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS None Eden Prairie City Council -18- January 19, 1988 VII . A. CHAMBER OF COMMERCE REQUEST FOR COUNCIL SUPPORT FOR DEVELOPERS FORUM Char Johnson, representing the Eden Prairie Chamber of Commerce, announced that the Developers Forum will be holding its first meeting on January 27th. The purpose of the Developers Forum is to have good communication between the City and developers and eliminate a lot of time for City Staff once they have educated the developers. To make the Developers Forum a success, they are requesting a written statement or resolution from the City Council stating that they are in support of the Forum. Peterson questioned the phrase "provide an advisory committee to the City.. . " as stated in the Chamber letter dated December 15, 1987, and in the January 13, 1988 letter to Chris Enger. He asked Johnson what is the vision of an advisory committee? What is the definition of the City - is it the Staff, is it the Staff, Council and Commission? Johnson responded that before a meeting the issues to be discussed will be decided by the Chairman of the Forum and Eden Prairie City Manager and who would best represent the City on that particular issue. The definition of an advisory committee is to bring the thoughts of the Forum out at the meeting. Bentley suggested the wording of the advisory committee be stated as follows: Advisory Committee provides the opportunity for advising the City during the process of a Forum or subsequent letter out of the Forum. t Peterson stated that with that understanding he was in agreement. Bentley requested City Manager's thoughts on Item 3 of the letter dated December 15, 1987. Jullie responded that his thoughts from the beginning were that this would be a Chamber function, a chance for communication to occur. He has no problem with Staff attending the meetings; however, if City sends out the agendas on its letterhead, it will be perceived as a City project. Johnson responded that the original intention of the Forum was to follow the layout of the Plymouth Developers Forum. The Chamber would feel comfortable with sending out the agendas. Johnson continued that the meetings are very informal and would probably only be meeting four times a year. Paul Dunn will begin as Chairman and will converse with Eden Prairie City Manager and Director of Planning in preparation of an agenda. Eden Prairie City Council -19- January 19, 1988 MOTION 1: Bentley moved, seconded by Pidcock that Council give formal endorsement of the concept of a Developers' Forum and manifest its support through: 1) having the City Manager and City Planner coordinate agenda items with the Forum chair; 2) have a Councilmember assigned as liaison; and a Planning Commissioner assigned as liaison. Motion carried unanimously. MOTION 2: Harris moved, seconded by Anderson to nominate George Bentley as liaison to Eden Prairie Chamber of Commerce Developers' Forum. Motion carried unanimously. B. STORAGE IN SIDE AND REAR YARD SETBACKS In December, 1987, residents of the Topview Road area requested an ordinance regulating the size, type, quantity, and length of time that recreational and miscellaneous equipment can be stored on a property. Staff has conducted research about the extent of such outside storage in the City and the practices of neighboring communities. Recommendations for development of an ordinance appeared in the City Manager's memo dated January 15, 1988. Zoning Administrator Jean Johnson was present and available to respond to the research regarding storage of recreational vehicles in residential districts. Jullie stated that an ordinance would not solve existing problems, but it would address futur4 items which are inevitable. Anderson felt due to resident petitions, the City must have discussion and action on this issue MOTION: Psdc�ock moved, seconded by Harris to direct Staff to draft an ordinance for approval by Council for Regulation of Roar Yard Setback Storage. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS None r IX. APPOINTMENTS None Eden Prairie City Council -20- January 19, 1988 'l X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members LRT Intergovernmental Advisory Committee Meeting Peterson reported that at the last Intergovernmental Advisory Committee meeting, the IAC of the County•s Light Rail Transit Project met and discussed the recommendations to the University corridor and the Hiawatha corridor. Contrary to a newspaper story, there was no conflict between the Central City and the suburbs. At the next meeting, tentatively February 5th, he would not be able to attend, and suggested that Craig Dawson represent the City as he was very familiar with all of the material. B. Report of City Manager City Manager Review Form Jull a distr buted an alternative review form and requested that it be evaluated and utilized. F Harris stated Council needs to decide if this were a conceptual a document or a final document. If Council agrees conceptually to develop something like this, a revised section 2 should be developed by Council review. MOTION: Harris moved, seconded by Pidcock to accept the concept of the ^ity Manager Review Form. Motion carried unanimously. C. Report of City Attorney None D. Report of Director of Planning None E. Report of Director of Community Services 1. PROPOSAL FOR UPDATING COMPREHENSIVE PARK PLAN AND DEVELOPMENT PLAN The Director of Community Services prepared a Request for Proposal to update the Comprehensive Park Plan and Development Plan. No cost estimate has been made for this project; however, it was recommended that it be funded with Cash Park Fees. i I I 1 Eden Prairie City Council -21- Januar y 19, 1988 MOTION: Bentley moved, seconded by Harris to recommend approval be given to the Request for Proposal for Updating the Comprehensive Park Plan and Development Guide. Motion carried unanimously. 2 . ADAPTIVE RECREATION PROGRAM SERVICES AGREEMENT During the 1988 Budget discussion the Council approved an Adaptive Recreation and Services Program with the under- standing that it would be provided through contract with the cities of Bloomington, Richfield and Edina. Two agreements were presented to implement the program: 1) An agreement between the cities of Richfield, Eden Prairie and Edina in which Eden Prairie agrees to pay Richfield up to $25,000 for a full calendar year of recreation services; and 2) A Joint Powers Agreement forming the South Suburban Adaptive Recreation Board among the four cities. Staff and City Attorney had reviewed these documents and recommended approval. MOTION: Bentley moved, seconded by Harris to recommend approval of Adaptive Recreation Program Services Agreement dated January 8, 1988. Motion carried unanimously. F. Report of Director of Public Works None G. Report of Finance Director I. CLERK'S LICENSE LIST Peterson stated private kennel license requests had been withdrawn. MOTION: Bentley moved, seconded by Harris that Clerk's License with the exception of the Private Kennel Licenses. Motion § carried unanimously. XI. NEW BUSINESS None XII. ADJOURNMENT MOTION: Bentley moved, seconded by Pidcock to adjourn at 12: 08 AN. Motion carried unanimously.