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HomeMy WebLinkAboutCity Council - 02/02/1988 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, 7: 30 PM CITY HALL COUNCIL CHAMBERS FEBRUARY 2, 1988 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, Assistant City Attorney Mark Johnson, 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X.A. 1. Funding for Hwy. 5 Improvements; X.A.2. Report on Mayor's Meeting with Metropolitan Councilmembers; X.A. 3 . Emergency Phone Numbers for Councilmembers. MOTION: Hari moved, seconded by Pidcock to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES p a A. Special City Council meeting held Tuesday, December 1, 1987 MOTION: Bentley moved, seconded by Pidcock to approve the Minutes of the Special City Council meeting held Tuesday, December 1, 1987, as published. Motion carried unanimously. B. Regular City Council meeting held Tuesday, December 15, 1987 The following changes were made: Page 3, Bottom of Page, add: No comments from the public; Page 5, Between Paragraph 2 and 3.- add: There were no other comments from the public; Page 7, X. B.l. , Paragraph 1, should read: Jullie stated he attended a meeting that was called by the Environmental Resources Committee of the Metropolitan Council for the study for a possible EAW relative to the Reuter Solid Waste Processing Plant expansion. He advised Council they would be receiving input and it appears the plant would make an application. He concluded from the meeting that an environmental impact study was not necessary. ; Page 7L X.B.2 . , Paragraph 1, Line 6, should read: obligate the City to expend any funds. ; Page 8, Paragraph 7 , Line 3 , should read: NSP to assess property owners using those lines. ; Page 8 , Paragraph 10, should read: Jullie stated r Eden Prairie City Council -2- February 2, 1988 the City requires underground lines in many new subdivisions. If the lines are going in a downtown area, NSP absorbs the cost for underground cable. ; Page -9 E. l. , Paragraph 6, Line 2,_should read: attended the spec al meeting of the Parks & Recreation Commission and explained the incidents, ; Page 9, E. l. , Paragraph 6, Line 5, should read presented photographs. . . ; MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Regular City Council meeting held Tuesday, December 15, 1987 , as published and amended. Motion carried unanimously. C. Special City Council meeting held Wednesday, January 13 , 1988 . The following change was made: Page 1, Paragraph 6, Line 5� should read: adequate space for governing the City. MOTION: Bentley moved, seconded by Harris to approve the Minutes of the Special City Council meeting held Wednesday, January 13, 1988 , as published and amended. Motion carried unanimously. III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 9-88, amending City Code Sec. 2 . 05, Subd. 2, Relating to the Payment for Attendance of Meetings b? the Mayor and Counc li . —' B. 2nd Readin of Ordinance #1-88, Amending City Code Chia ter 2 , Se t on 2. 11, Subdivisions 3 and 4. Which Set the Time Period for Council Rev ew and Citizen Appeal for Board of Appeal Actions. C. 2nd Reading of Ordinance #2-88, Amending City Code Chapter 7, Section 7.01, Which Updates Reference to 1987 State Traffic Law. D. 2nd Reading of Ordinance #3-88 Ame�ndin� City Code Chapter 12 , Section 12.03, Subdivision 17, Which Updates the r Definnit on of Subdiv s on, and Section 12 .40 Which Deletes Old Language on Types of Subd1vTs_ o_ns for Which C ty Can Require Parkland Dedication. E. Clerk's License List F. SOUTHGATE by William Smith. 2nd Reading of Ordinance No. 61--87, Zoning District Change from R1-22 to R1-13 . 5 on 2 .29 acres for Southgate Addition; Approval of Developer's Agree- ment for Southgate Addition; and Adoption of Resolution No. 88-28, Authorizing Summary of Ordinance No. 61-87 and Ordering Publication of Said Summary. 2 . 29 acres into single family residential . Location: North of St. Andrew Drive and west of Baker Road. (Ordinance No. 61-87 - Rezoning; Resolution No. 88-28 - Authorizing Summary of Publication) Eden Prairie City Council -3- February 2, 1988 G. Final Plat Approval for Welter's Purgatory Acres 3rd Addition, located west of Bennett Place and south of Olympia Drive Resolution No. 88-24 H. Final Plat Approval for Southgate (located west of Baker Road and north of St. Andrew Drive) Resolution No. 88-25 I . Approve Land Surveyor' s Certificate of Correction to Plat of Hennepin County Highway Plat No. 6 Prepared �?y Hennepin County Surveyor. J. Receive Feasibility Report for Golden Triangle Drive, Improvement Contract No. 52-110, and set date for Public Hearing (Resolution' No. 88-26) K. Approval of Record of Decision Finding that Creekview Residential Development does not have the Potential for .Significant Environmental Effects. Peterson stated that Item 21 in the Findings of Fact of Item K, did not seem necessary as a part of the report and requested it be eliminated. Pidcock asked legal counsel if there was a reason for that item. Mark Johnson, Assistant City Attorney, stated the findings are very detailed in this report. The purpose of Item 21 was a summation of the facts which are addressed elsewhere. He felt it was not an essential part of the findings. ' MOTION 1: Bentley moved, seconded by Pidcock, to exclude Item 21 from Item K. Motion carried 4-0-1 (Anderson abstaining) . Pidcock stated for the record there was an EAW done in 1977 on the entire area in question on Item K. MOTION 2 : Harris moved, seconded by Pidcock, to approve Items A-K on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. AMOLUBE by Amoco Oil Company. Request for Planned Unit Development Concept Amendment on approximately 17 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 1.4 acres for construction of a quick lube facility. Location: Southeast corner of Highway #169 and Anderson Lakes Parkway (Resolution No. 88- 29 - PUD Concept Amendment to National Child Care PUD Concept; Ordinance No. 10-88, Amending Ordinance No. 32-84- PUD--5-84 within the Neighborhood Commercial District) City Manager Jullie stated notice of this Public Hearing was sent to owners of 26 property owners in the project area and published in the January 20, 1988 issue of the Eden Prairie Eden Prairie City Council -4- February 2 , 1988 News. Because the proposed facility was very close to Highway 169, the Minnesota Department of Transportation had commented I on changes that would be necessary for its future construction and right-of-way acquisition. Jeff Sweet, Project Manager of the Amnolube Project, presented the proposal as a quick lube and oil change facility which was a part of national introductory program put together by Amoco Oil . The facility would be located approximately 55 feet from the U.S.Highway #169 right-of-way and consist of a two-bay service facility. To service this building, an additional ten parking stalls would be constructed. Director of Planning Enger reported that the Planning Commission reviewed this item at its January 11, 1988 meeting and recommended approval of the project in accordance with plans dated December 11, 1988 and according to the January 8, 1988 Staff Report, and subject to: 1) revision of the landscape plan to reflect the relocation of all displaced trees on the site; 2) revision of the building elevations to reflect the City Code requirement of 75% facebrick or better; 3) prior to building permit issuance, proponent shall notify ti the City and Watershed District at least 48 hours in advance of grading; and 4) based upon final design of. U.S. Highway #169, the proponent shall submit a plan to the City depicting n adequate screening of the proposed parking areas and overhead garage doors. Peterson inquired about berm being redesigned on this project. Enger responded that this project would give them the opportunity to redesign the berm to take into consideration sight conditions with the widening of the road with the Highway #169 improvements. Anderson expressed concern about the end result of the berm redesign. Enger responded that the berm along Highway 169 was more than adequate and screened the filling station completely. This revision would provide the opportunity to allow view of the filling station slightly. The result would be a berm of approximately 2 ' less along Highway 4169. This would be a compromise for all parties concerned on the terming. Pidcock inquired about screening for Day Bridge Day Care. Enger responded that there was no additional screening anticipated as the quick lute was on the west side of the filling station. Harris inquired about the projected fncrease in traffic for the service. Proponent responded they project 60 cars per day and the majority of them would already be using facility for gas consumption. Projections indicate 90 cars per day at full operation. Pidcock expressed her concern about having that much traffic near a day care center, and considered that exhaust fumes going into the playground were a health hazard. Bentley responded that the screening would have to be done on the day care center fi Eden Prairie City Council -5- February 2, 1988 property to be adequate protection. He also commented that the day care facility knew when it built on the property there would be additional commercial development to the west. Peterson concluded that the day care center chose to be in a very heavy traffic area. If there was a health problem, it would have to be demonstrated and presented and the Council would deal with it at that time. There were no comments from the public. MOTION l: Anderson moved, seconded by Bentley to close the Public Hearing. Motion carried unanimously. MOTION 2 : Anderson moved, seconded by Bentley to adopt Resolution No. 88- 29 for PUD Concept Amendment. Motion carried unanimously. MOTION 3 : Anderson moved, seconded by Harris, to approve lot Reading of Ordinance No. 10-88 to amend the existing zoning Ordinance, and. direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. B. PAX CHRISTI CATHOLIC CHURCH by Pax Christi Catholic Church. Request for Planned Unfit Development Concept Amendment on 38 acres, Zoning District Amendment within the Public Zoning District on 38 acres for construction of an addition. Location: 12100 Pioneer Trail . (Resolution No. 88-30 - Planned Unit Development Concept Amendment to Pax Christi Catholic Church PUD Concept; Ordinance No. 11-88 - 1 Amending Ordinance No. 9-83 within the Public District) 3 Jullie reported that notice of this Public Hearing was sent to property owners of 85 surrounding properties and published in the January 20, 1988 issue of the Eden Prairie News. The church wished to add approximately 19,000 square feet to the existing 27 ,000 square-foot building. Ed Kodet, Architect for proponent, presented the plans for the addition to the west side of the existing church. Enger reported that the Planning Commission reviewed this proposal at its January 11, 1988 meeting and in addition to recommending approval subject to the review of the Staff Report of January 8, 1988 and plans dated January 4, 1988, the Planning Commission suggested two additional recommendations. First, the need for additional storm water run off tabulations to determine exactly the extent of on-site storm sewer was requested. And second, a traffic study at the intersection of Homeward Hills Road and County Road 1 be done prior to or at mid-year to determine what improvements might be necessary at that intersection. Dietz indicated to Enger that the County was planning this study. Eden Prairie City Council -6- February 2, 1988 Pidcock inquired about additional access entrances to the church parking lot. Proponent stated no changes were being planned to access entrances. There were no comments from the public. MOTION 1: Pidcock moved, seconded by Harris, to close the Public Hearing. Motion carried unanimously. MOTION 2 : Pidcock moved, seconded by Harris, to adopt Resolution No. 88- 30 for PUD Concept Amendment. Motion carried unanimously. MOTION 3 : Pidcock moved, seconded by Harris, to approve lst Reading of Ordinance No. 11-88 to amend the Zoning Ordinance. Motion carried unanimously. MOTION 4 : Pocock moved, seconded by Harris, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 40124-40399 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 40124-40399. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted ' aye. " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A None ,a VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Mr. McSwiggan Regarding Required Front Yard Setback for Corner Lots Bentley inquired if McSwiggan had reviewed the material the Council received that was submitted regarding Staff development. John McSwiggan, 7270 Divinity Lane, stated he received the material the night before and had not been able to completely review the material or talk with other concerned residents. He did read the three-page report that was submitted. McSwiggan, in addressing the Council, felt there was discrimin- ation against corner lot owners. They have no side yard, but have two front yards which according to code gives them two ,r rear lot lines. He believed there is 40 feet of land sitting ! there that no one can use. He felt a reasonable use of the land should be available and enacted into the City Code. Eden Prairie City Council -7- February 2, 1988 Enger commented that the Code requirements are consistent with the codes of several comparable communities. If Council determined the Code was too restrictive, it could adopt a Code amendment. Discussion consisted of results on infringement of setback, and providing variations of setbacks for abutting lots. Enger responded that special consideration has been given to subdivisions for a 25-foot setback on the second front yard where the "butt-lot" situation exists. Bentley commented .he did not see justification for revision of the Code. MOTION: Bentley moved, seconded by Harris, to retain the standards now stated in the Code. Motion carried unanimously. VIII . REPORTS OF ADVISORY COMMISSIONS None IX. APPOINTMENTS None X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 3 ti 1. SOUTHWEST_ CORRIDOR TRANSPORTATION COALITION REQUEST FOR 50�00© FOR HIGHWAY 5 UPGRADE. Pidcock reported on a request from the Southwest Corridor Transportation Coalition asking that the City of Eden Prairie donate $50,000 towards engineering and design services for the widening of Highway 5 to four lanes from County Road 4 to County Road 17. Fourteen companies have donated $111,000 toward this. Chanhassen has pledged $50,000 and the City of Waconia has pledged $10, 000. Chaska was giving $20,000. Bill Crawford from MnDOT reported that the cost of doing this and getting it into the 1989-90 construction would be $450,000. if the Coalition could raise the $225, 000 it would "force" MnDOT to go ahead with the project. Peterson stated he was philosophically opposed to municipalities and businesses getting into the highway design funding business. Pidcock responded that concept was a very real concern to all the contributing businesses. They expressed the fact they pay taxes for the improvements. But the fact remains Highway 5 is not a decent highway. i 4 Eden Prairie City Council -8- February 2, 1988 Harris felt the City could not afford to delay as this highway was so critical to the continued development of this community and others in terms of efficiency of transporta- tion and movement of people through the area. Pidcock added that companies would not stay here if their employees cannot get in and out of the City. Bentley adamantly opposed this proposal, saying it was "highway robbery" on the part of MnDOT to even suppose that a community should have to share the cost of a State Highway. If the the State Legislature would transfer motor vehicle excise taxes as it should have or find alternate funding solutions at the legislative level, the City would not have to worry about this. He stated that the Legislature does not have any political fortitude to deal with this issue, and it was not the City's job to fund the State's highway. Peterson commented he agreed with Bentley but felt there was a horrendous problem with highway funding. The practicality was the City would have to make financial contributions occasionally to get projects done in the community. x Harris agreed that the State has not been astute as it should be in terms of prioritizing expenditure of its revenues. It was unfortunate that the City found itself in + this situation, but adequate highways directly relate to the health of this community and from that perspective she was supporting request for funds. Anderson agreed with Bentley's position, but did not see the Legislature helping Eden Prairie. He would like to see the pros and cons presented and make a choice. Bentley stated he would agree to expend the funds if the City received a coinciding promise from the State that it would pay the City back over a period of time. The City should not spend property tax dollars on State highways. It was an incorrect use of property tax dollars and in that regard he could not support the motion. Peterson paraphrased Mr. Crawford's statement at the last coalition meeting, "The project would not proceed without contribution. If contribution was received, the project would be dome. " MOTION: P dcock moved, seconded by Harris to approve the commitment of $50, 000 to MnDOT towards the design work of State Highway 5. Motion carried 4--1. (Bentley opposed) . 2 . MAYOR'S MEETING ON SOLID WASTE JANUARY 224 1988. Peterson reported that the Mayor's :Meeting on January 22, 1988, representatives of Eden Prairie, Plymouth and Eden Prairie City Council -9- February 2, 1988 Minnetonka met with Chairman Steve Keefe and Dirk DeVries of the Metropolitan Council to discuss the issue of source IL separation versus mechanical recycling, and what Metropolitan Council rules, regulations, and policies would permit or prohibit any or all of a city's waste being designated to a processing facility like the Reuter facility in Eden Prairie. Keefe indicated that policies are being reviewed and revised, and the Metropolitan Council might permit processing done at the Reuter facility to count toward the recycling goals of Minnetonka, Eden Prairie, and Plymouth. Peterson felt the City should proceed in discussion with Metropolitan Council Policy Committee and proceed to factor in the Reuter program into the City's recycling program. The City would not have one or the other, but a combination of both. Council directed Staff to update Council at the next meeting. 3 . EMERGENCY PHONE NUMBERS FOR USE BY COUNCILMEMBERS DURING OFF HOURS. Harris requested that a direct phone line be available for City Councilmembers to call when there was staff in City Hall during off hours for emergency purposes. Presently, when a call was made to City Hall after 4 : 30 PM a recording 1 was received. S Jullie responded that direct dial numbers are available and g a list would be given to Councilmembers. 4 . TEREX LOADER BUY-BACK Pidcock inquired to staff of the outcome of the buy-back proposal presented in November of 1987. P Dietz responded that the facts were stated in the November meeting. The company made its presentation to the Council affirming new tires on the machine and that it would be repainted, which was all that the City had asked for. The Company verbally affirmed that it would do that work. 5. HOUSEKEEPING ITEMS s Pidcock requested that if a Councilmember cannot make it to a meeting, he should contact other Councilmembers to let others know so they could go in their place. Anderson agreed to the importance of having representation at meetings. It was decided by consensus that it would become policy that Councilmembers would notify each other or the City Manager's office if they cannot attend a meeting that was Eden Prairie City Council -10- February 2, 1988 to have an Eden Prairie representative, in order that someone else may represent the City. Pidcock suggested discussion of hiring a negotiator for acquiring the City Hall site. Bentley suggested this be passed on to City Manager Jullie to look into it and come back to Council with suggestions. B. Report of City Manager 1. NSP EASEMENT AGREEMENT ALONG HIGHWAY 5 Jullie reported on an NSP easement request. He stated that in 1986 Council approved NSP*s request to install a new transmission line along Hwy. 5, covering the western side of the City. Since that time, NSP has been installing the foundation bases for the structures and dealing with property owners along the route in acquiring necessary easements. Conceptual agreement had been reached whereby power poles and transmission lines could be placed over City property for 15 years with any removal costs being the responsibility of the City, and any removal costs after 20 A years being the full responsibility of NSP. Typically the City issue a permit for power lines, and they move at our request. The difference was that in an easement, the City pays for the move and in a permit, NSP pays for the move. 3 Jullie continued that NSP was basically insisting that it have an easement and are telling the City that if the City does not agree to the easement, NSP has the right of condemnation on these two parcels. The City Attorney's � office advises that NSP does not have the authority to condemn this property. NSP had amended the proposed easement agreement, although the amended easement just received still had a few problems unresolved in terms of a pole location in conjunction_ with a future turn lane. NSP representatives stated they would condemn for an easement, not for fee property. Jullie stated that NSP had offered to pay the City $20, 000 for the easement. The City Manager asked if this was worth giving up the right to ask NSP to move it for over 20 years. The Council could consider the issuance of a permit but should consider their request that the City would not ask them to remove their structure. b. Robert Roltes, Right-Of-Way Agent for NSP, stated that the condemnation sounds harsh, but the purpose of the easement was to protect a lot of people. NSP needs permanence with this structure due to the cost and size of installation. If they allow it to be moved within a twenty-year period, NSF was not being fair to its present users, stock holders, etc. 5, Eden Prairie City Council -11- February 2, 1988 NSP would have the right to approve any grade change, or sound barrier treatment proposed within the easement area to assure compliance with the National Electric Safety Code. Jullie stated that the condemnation hearing was coming up on February 17th and NSP was pressing to resolve this so it can stop proceeding on the condemnation. Peterson did not feel the Council had enough information to make a decision with regard to the right turn lane and location of the pole. NSP -responded that in their discussion with the State Highway Department, the location of the pole was based on their plans for that corner, which was relocated at the City's request. Pidcock stated neighbors were told by NSP what was happening not asked, and she was concerned about this approach. NSP responded that a mailing was sent out to 1200 residents advising them of a meeting and very few of the residents attended. Johnson stated the City's legal leverage as being substantial. If City does not go along, NSP would have land condemned. There was substantial legal authority with regard to power lines over park property stating there was no right to condemn. MOTION: PTc:cock moved, seconded by Bentley to delay approval for two weeks to allow the process to run its course to allow additional information to unfold in the matter of the NSP Easement Agreement along Highway 5. Motion carried unanimously. 2 . STRATEGIC PLANNING MISSION STATEMENT Jullie reported that two variations of a mission statement and the supporting goal statements have been prepared for Council adoption. A communication plan has also been proposed. It was requested of the Council to adopt one of the mission statements and supporting goal statements as well as the proposed communications plan. Bentley stated a word was missing in the alternate version. It should read in line 2 : where people can live, work, shop and play, . . . MOTION is Harr s moved, seconded by Bentley, to adopt the alternate " version of the mission statement as amended, and includes motto and supporting goal statements. Motion carried unanimously. y 4 Eden Prairie City Council -12- February 2, 1988 MOTION 2 : Harr s moved, seconded by Pidcock, to approve the ongoing communication proposal plan from the statements. Motion carried unanimously. 3. ADDITIONAL FUNDING FOR HUMAN SERVICES DIRECTORY A memorandum from the Director of Human Resources and Services explained the inadequacy of funds allocated to cover the costs associated with an all-resident mailing of the new 1988 Human Service Directory. It was recommended that a sum not to exceed $3,500 be appropriated from the general fund reserve to accomplish the distribution and mailing of the Human Services Directory. s MOTION: Bentley moved, seconded by Anderson, to approve additional funding not to exceed $3500 to distribute Human Services Directory. Motion carried unanimously. C. Report of City Attorney None D. Report of Director of Planning Enger reported he had a five-minute video presentation on the City of Eden Prairie produced by Rogers Cable System to be shown at the conclusion of the meeting. E. Report of Director of Community Services None F. Report of Director of Public Works Harris stated she received an inquiry from a resident hiving in a new development off Prairie Center Drive. She was concerned that her children had to walk in the street because the walkway to Eden Lake School was not cleared. Dietz stated the sidewalk on the north side of Anderson Lakes Parkway was a designated school route and should be plowed, and they would look into it. G. Report of Finance Director None i XI . NEW BUSINESS After the Council met in an executive session, Jullie reported that staff was requesting Council approval of a motion to authorize appointment of Attorney Grant Merritt to assist the City Attorney in lobbying efforts in respect to the City*s Eden Prairie City Council -13- February 2, 1988 pending request for a contested case hearing before the Minnesota Pollution Control Agency regarding the proposed expansion of the Flying Cloud Landfill. MOTION: Anderson moved, seconded by Bentley, to approve authorization of appointment of Attorney Grant Merritt to assist the City Attorney in lobbying efforts in respect to the proposed expansion of the Flying Cloud Landfill. Motion carried unanimously. XII . ADJOURNMENT MOTION: Hams moved, seconded by Pidcock to adjourn at 10:20 PM. Motion carried unanimously. 6 i k