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HomeMy WebLinkAboutCity Council - 10/17/1989 HRA Minutes October 17 , 1989 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, OCTOBER 17 , 1989 IMMEDIATELY FOLLOWING HRA MEETING COUNCIL MEMBERS: Mayor Gary Peterson , Richard Anderson, Jean Harris , Patricia Pidcock, and Douglas T'enpas CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant to the City Manager Craig Dawson, Director of Public Works Eugene A. Dietz, Director of Planning Chris £nger, Assistant City Attorney Richard Rosow, and Recording Secretary Barb Malinski PLEDGE OF ALLEGIANCE ROLL CALL: All members present . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ADDITIONS • IX . A. 1 Meeting adjournment IX.A. 2 Issuance of parking tickets by police department IX. A. 3 Celebrate Minnesota NOTION: Harris moved , seconded by Pidcock to approve the agenda as amended . Motion carried unanimously. ADDITIONS : Add the police department and Celebrate Minnesota to the agenda. II . CONSENT CALENDA�2 A . Qlerk ' s License Limit B. Proposal for Better �Managetnent of Household Hazardous Waste from Waste Management Commission 1 i City Council Minutes October 17 , 1989 C. Resolution No . 89-219 Authorizing Execution of An Agreement with Hennepin County for Funding Assistance for Solid Waste Recycling Activities D. Round Lake Softball Field Improvements E. STARRING HIGHLANDS by Cliff and Mary Anderson. Approval of Developer' s Agreement for Starring Highlands. 2 . 17 acres into 3 single family lots with a front yard setback variance to be reviewed by the Board of Appeals . Location: Northwest corner of Ridge Road and East St-aring Lane. F. A TO Z RENTAL AND -EDEN PRAIRIE APPLIANCE by Rome Development . 2nd Reading of Ordinance No. 33-89 , Zoning District Amendment within the C-Reg-Ser Zoning District on 1 .67 acres ; Approval of Addendum to A to Z Rental Developer ' s Agreement ; Adoption of Resolution No . 89- 228 , Authorizing Summary of Ordinance Yo. 33-89 and Ordering Publication of Said Summary; and Adoption of Resolution No . 89-229 , Site Plan Review . 1 .67 acres for construction of a 21 , 014 square foot commercial facility . Location: South of Valley View Road , west of Plaza Drive . ( Ordinance No. 33-89 - Rezoning ; Resolution No . 89-228 -Authorizing Summary; Resolution No. 89-229 - Site Plan Review. G. BLUFFS WEST 8th by Hustad Development. 2nd Reading of Ordinance No. 36-89 , Zoning District Change from RI-22 to R1-13 . 5 ; Approval of Developer' s Agreement for Bluffs West 8th Addition; and Adoption of Resolution No . 89-227 , Authorizing Summary of Ordinance No . 36-89 and Ordering Publication of Said Summary . 2 . 12 acres into four single family lots . Location: North of Bluestem Road & access off Bennett Place . ( Ordinance No . 36-89 - Rezoning ; Resolution No . 89-227 - Authorizing Summary ) H . Final Plat Approval of Bluffs West 8th Addition I . Receive 100% Petition and Authorize Pre2gration of Plans and Spec ifications together with an Assessment Agreement for a Det ached Frontage Rogid with Utilities south of T .H, 5 and east of Dell figad , I .C. 52-177 J . Approve Resolution Requesting Early Construction of Detached -Frontage Road south of T-H, 5 _and. .East of Dell Road 2 City Council Minutes October 17 , 1989 K. Approval of Request from Eco Solutions , Inc. L. Receive Petition for Improvements to Dell Road and Scenic Heights Road south of T .H . 5 and west of C. S .A .H. 4 , I . C . 5�2-160 M. Request by Mr. Peter Jorgensgn for a Grading Permit at 16101 pioneer Trail N. Request from Eden Prairie Fox,jets O. Approve Special Assessment Aoreement No . 89-10 for Prairie Court P. Resolution N9 . 89-230 Authorizing Issuance of MIDB Refunding Bonds for McGlynn Bakeries in the amount of $2 , 05O ,000 j4QTj ON,. (' Pidcock moved , seconded by Harris to approve items A-P on the Consent Calendar. Motion carried unanimously-. III . E!UBLIC HEARINGS A. Public Sto a e by Public Storage , Inc . Request for Guide Plan Change from Low Density Residential to Office on 1 . 09 acres and from Low Density Residential to Neighborhood Commercial on 1 ,09 acres and from Low Density Residential to Industrial on 3 . 10 acres , Zoning District Change from Rural to Office on 1 . 09 acres , and from Rural to Neighborhood Commercial on 1 .09► acres and from Rural to I-2 on 3 . 10 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 5 , 28 acres for construction of 54 , 137 square feet of office , commercial , and industrial land uses . Location : West of County Road *18 , south of the Preserve Village Mall . Jullie explained that this public hearing will be continued November 7 , 1989 at the request of the proponent . MOTION : Harris moved , Pidcock seconded , to continue this hearing to November 7 , 1989. Motion passed 5-0 . B. Sandy Pointe by Sandy Pointe Partnership. Request for 3 1. City Council Minutes October 17 , 1989 Zoning District Change from Rural to R1- 22 on 6 . 0 acres , Preliminary Plat 11 . 2 acres into 13 single family lots , 2 outlots , and road right-of-way. Locution: East and west of Corral Lane, south of Red Rock Lake. ( Ordinance No . 4 1 -89 - Rezoning ; Resolution No. 89-207 - Preliminary Plat ? . Jullie_ reported that notice of this Public Hearing was published in the October 4 , 1989. issue of the Eden Prairie News and sent to owners of 43 surrounding properties . Jullie stated that the Planning Commission recommended approval of this proposal at its September 22 , 1989 meeting . The commission called for K elimination of one lot and further recommended that 2nd Reading of the Rezoning Ordinance and Final Plat approval not occur until the contract for the extension of the new Mitchell Road has been awarded. The Parks , Recreation & natural Resources Commission also recommended Approval at its October 6 , 1989 meeting . It recommended a variety of pedestrian access facilities depending upon the roadway system approved by the Council . Bob Smith of Krueger & Associates was g present at the meeting to review the proposal . Me presented the report and indicated the revisions that had been made in accordance with the recommendation of the Planning Commission . Enger referred to the Planning Commission report of September 25 , 1989 . The commission reviewed and recommended approval of the project subject to recommendations of a staff report of September 22 with the clarification that Corral Lane end in a cul-de-sac at Lot 27 and that one lot be removed from the proposed subdivision reducing the lotting from 13 to 12 . Staff recommendations were detailed in the September 22 , 1989 report . Tenpas asked when the connection to construct Mitchell Road to County Road 1 would be completed . Dietz replied that the feasibility nearing would be held this winter. Harris understood the recommendation was to have a cul- de-sac rather than a connection to Mitchell Road and asked for rationale . Enger replied the Planning Commission was concerned about the traffic shortcutting through Eden Hills neighborhood . The Planning Commission 's recommendation and preference was not to connect through. Anderson asked if it had been the , 4 City Council Minutes October 17 , 1989 policy to eliminate long cul-de-sacs because of the problem emergency vehicles have turning around . Enger agreed that this has been the general policy. Anderson asked if there were a plan for a trailway system for pedestrians . Enger replied there are plans for trails . Anderson asked for the advantages and disadvantages to the City to change this plan . Enger replied there was : no access to Mitchell Road now and if the City wanted , it could acquire additional lakeshore and provide access to Red Rock Lake, which could be an advantage . Another advantage was having the road closer to the lake would preclude lots from development and the ability to view the lake would then exist . a Pidcock asked who owned lot 31 on the north end of Corral Lane . Smith said the lot is owned by one particular resident but used by all residents . Pidcock believed that if the existing plat were changed , the neighbors would lose that access. Anderson stated that changing what had already been platted in that area would make the lots more valuable . Tenpas asked if the City had access to the lake in the original plat . Enger replied no . Smith commented that the present location was very low and there isn' t any view into the lake . Smith pointed out that aesthetically , his proposal would provide a better lay out of the road . The developer had offered that the beach lot be dedicated to the City as an access for the City. Harris asked Smith if there were an interest to preserve the public access and said she still had a problem with the cul- de-sac on Corral Lane . Harris preferred there be a connection to Mitchell Road. Smith informed Harris the plan given to the Planning Commission had a connection available to exiting traffic only. The Planning Commission found it was lens advantageous . From a privacy standpoint , the neighborhood did not want through traf f is . Anderson asked what the distance would be for new homeowners going to the high school . He also asked for directions to get on County Road 4 . Anderson commented that it added a distance of another mile of travel . Jim Zachman , the developer of the proposed subdivision , 5 i City Council :Minutes October 17 , 1989 said existing traffic would not go around the neighborhood and thought it would be costly to open it . Smith stated that an entrance monument , illumination , sidewalk and landscaping totalling; $50 , 000 were planned for the project . Tenpas commented that it made more sense to dedicate the area to homeowners and the beach access would be there for existing and new homeowners. Anderson disagreed with the private beach concept and disliked private beaches on public water. Peterson said the neighbors have a private beach now. Smith commented there is a five-acre park at Boulder Pointe and there will be a sidewalk to access the beach. Floyd Hagen, 15802 Cedar Ridge Road, had two main points to emphasize. The first was that the Eden Hills property- owners were unified in their position and objected to any traffic increase on Corral Lane . Also, the owners objected to any plan that would terminate their direct access to their common recreational area/beach access property. Present residents bought their property assuming the current platted location of a Corral Lane extension to the recreational lot to be used by Eden Hills residents . The Eden Hills Recreational Association was set up in the covenants to manage the entire area for the Eden Hills members. Hagen believes the neighborhood was unique and the homeowners association was established to manage the lots and lake access . The only access to the lake has been maintained by residents ; the association emphasized the reasons to keep access restricted to Corral Lane. Virginia Gartner, 15701 Cedar Ridge Road, said she thought about children and traffic and also understood the problems facing emergency vehicles; she believed the real hazard was the intersection of Cedar Ridge Road and County Road 4 . The traffic now was a disaster and she has had to stop walking in this area in the morning . If all traffic made the short-cut , it would be a real disaster. She liked people to see the lake, but residents wouldn ' t drive to see the lake at the cul-de- sac . She believed it was a better design to terminate Corral Lane and urged the Council to not connect the two. Kent Barker , 15801 Cedar Ridge Road , commended Zachman and Associates for its attempts to discuss this issue . 6 City Council Minutes October 17 , 1989 He believed the community should have the right and expectation to rely upon the plats which have been in existence for years . He thought the proposal adversely impacted the access to the recreation and beach area. fie said nothing in the plat created the need for a cul- de-sac . The neighborhood was strongly opposed to a fundamental alteration which would result in increased safety- hazards , noise , pollution , and traffic volume . Barker said density was played with in the proposal . He was hopeful the Council would continue to honor a plat upon which a neighborhood and community has relied for its development . He further hoped that same community could retain its value which would be damaged in safety , pollution, congestion and financially should there be such alterations as the cul-de-sac being removed . He would like to see the plan redrafted for 2 the benefit of all residents . G Tenpas asked Hagen if there was a 20 ' easement from the outlot to the lake . Hagen said that was correct . Tenpas then inquired where the beach was. Hagen said the beach is on the 20 ' area, . Pidcock asked Enger how many times had a platted area been proposed with a new plat. Enger replied this has happened several times. The Staring Lane area was an example and another area was across from Flying Cloud fields . He said there have been many situations where R1-22 lots that have come in for subdivisions have been replatted. Tenpas asked what was the longest length of cul-de-sac in Eden Prairie in the last five years . Enger replied in Cardinal Creek Third Edition , he thought there had been a mile-long cul-de-sac . Tenpas further asked if platted today , would the City plat with a 2 , 000 ' cul- de-sac . Enger said he didn' t think so. Tenpas said he understood the arguments but believed the key issue to be access to the park. Tenpas questioned if there would be parking on the outlot. Smith replied that only Eden Hills Homeowners Association members could park there and the developer offered a beach lot to use for parking . Tenpas perceived home values would be increased with the access to the lake and park . Peterson questioned if it would be feasible to connect Corral Lane through as proposed and designed to provide for alternatives without a substantial cost , should traffic increase significantly. Enger replied Corral 7 i City Council Minutes October 17 , 1989 Lane would have to be terminated now but a temporary connection could be made until traffic patterns are established. Tenpas asked if there were some type of access for emergency vehicles, possibly a gate accessed only by residents that might be used if a cul-de-sac were built . It could be put in to limit traffic problems and still keep an area open for parking . Harris asked for a description of an access road. Smith replied it would be a paved road 16 ' wide or wider which wouldn ' t have curb or gutter. 5 Dietz stated he would prefer not to have a gate as it p would be a source of confrontation in the neighborhoods . He thought either the street should be connected or not . v Peterson commented that no traffic studs had been done . Dietz thought it could be five years before there is enough information to measure impacts. Smith commented that 1 ) Sandy Pointe Road would have the same beginning and end as platted and the proposal created a balance and pleasing design; 2 ) the proposal dropped one lot ; 3 ) the access could have one lane and a terminus ; 4 ) if traffic increased on County Road 4 , it could create a hazard but the street would not be wide enough to be used as a cut through; 5 ) market studies showed $300 , 000 to $1 million homes were possible which would increase the value of surrounding properties ; 6 ) the existing gravel road could increase accessibility to the recreational lot ; and 7 ) the proposal met all ordinances . Zachman commented that he believed the neighborhood was divided and most residents did not want the connection. The neighbors preferred to drive around . He would propose to fence off the area and construct a gate. He hoped the low Lakeshore area would be dedicated to the City . Peterson asked Dietz if eastbound traffic would be provided with a convenient alternative. Dietz replied there would be a fair amount of traffic because of the convenience , but the predominant problem is the work trip destination; Mitchell Road would be a preferred alternative route . Dietz did not perceive this as a serious problem. Ed '.Martin , 15810 Cedar Ridge Road, noted that to 8 l City Council Minutes October 17 , 1989 connect Corral Lane now the City would incur a much greater expense to upgrade the street to handle the traffic than just leaving it cut off. Peterson asked if there were any plans to upgrade Corral Lane when sewer and water come in. Dietz replied that there was not at this time . Dietz told the residents two things would drive improvements : 1 ) if petitioned ; and 2 ) an ordinance which required analysis of on-site sewage systems. Harris favored the plan presented with the interesting design of the roadway. Peterson► noted that the Council had received a letter from Robert Gibson, 15737 Cedar Ridge , in which several concerns and reasons to oppose the proposal were related . There were no further comments from the audience, MOTION : Harris moved, Tenpas seconded , to close the Public Hearing and approve the 1st Reading of Ordinance No . 41-89 for Rezoning . Anderson opposed the motion because by making the roadway curvature and changes in the plans, the Council was creating an opportunity to build on both sides of the road and the land adjacent to the lake is non- buildable. P Peterson responded that the land on the old plat never appeared on any park plan. The old plat did disservice to the values expressed by homeowners to make smaller lots . Peterson said the new design made a better transition and much superior plan. Pidcock also said she would vote no because the land was platted and she did not see a good reason to change it . Tenpas indicated support of the motion . Anderson commented the people have lived there comfortably since the 1950 ' s and the City talked about a trailway system around the lake , but unfortunately that connection was lost . Anderson said the plans were there but were disposed of . Smith expressed concern to replat the road and continue this discussion. Pidcock stated that extending from the southeast cul-de-sac through the Mason property did not take care of the neighbors . Tenpas asked Smith to 9 { I 3 Cit!- COUI1Cil Minutes October 17 , 1989 pursue the southeast road connection . Anderson asked if it were possible to exit out to 'Mitchell Road. Smith said there was no access to Mitchell Road on the northeast side of the street . Anderson cited examples for creating a long cul-de-sac . Tenpas said the plat did not need changing . Anderson preferred the original plat over the current proposal r. for various reasons . Pidcock did not want the a proposal redesigned. Smith said two weeks would be sufficient to redesign the plan. Pidcock asked if the Planning Commission would have to review the plan if substantial changes were made. Enger replied , yes , if the changes were substantial . Tenpas inquired if the plan came back in two weeks with a rezoning request , would it require a new hearing . Enger answered this was correct . He explained to continue through to Mitchell x Road wouldn ' t require the review by the Planning ° Commission. Dietz commented 30 days were necessary to work on the sight distance problem to Mitchell Road and possibly extend the cul-de-sac to the Mason property . Motion withdrawn by Harris with approval of Tenpas . � MOTION : Harris moved , Anderson seconded, to continue the hearing , as scheduled , for November 21 . C . Moorhead Addition by Transtar, Inc . Request for Zoning District Change from R1-22 to R1-13 .5 on 1 . 77 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 1 . 77 acres into 4 single family lots , 2 outlots , and road right-of-way . Location: 9969 Bennett Place . (Ordinance No . 42-89 - Rezoning ; Resolution No. 89-208 - Preliminary Plat ) . Jullie stated that notice of this Public Hearing was sent to owners of 52 surrounding properties and published in the October 4 , 1989 issue of the Eden Prairie News. The proponent requested Zoning District Change from R1-22 to R1 -13 . 5 and Preliminary Plat of 1 . 77 acres into a four single-family lot subdivision . The Planning Commission recommended approval of the proposal at its September 25 , 1989 , meeting . The f Parks , Recreation and Natural Resources Commission did ( not consider this item. 10 i City Council "Iinutes October 17 , 1989 Peter Knaeble of Ron Krueger and Associates, informed the Council of the proposed rezoning and preliminary plat into four single-family lots . Enger addressed action taken by the Planning Commission which had voted to recommend approval . Pidcock expressed concern about backing out to the road from the proposed lots . Knaeble said this was a valid concern. There were no further comments from the audience . MOTION Harris moved , Anderson seconded to close the Public R Hearing and approve the 1st Reading of Ordinance No . 42-89 for Rezoning . Motion passed 5-0 . r MOTION Harris moved , Anderson seconded, to adopt Resolution No . 89-208 to approve the Preliminary Plat ; and direct staff to ?prepare a Development Agreement incorporating ( Commission and Staff recommendations. Motion passed unanimously. D . Vacation of Drainage Easement in Eden View Subdivision Jullie stated that notice of this Public Hearing was sent to owners of affected properties and published in the September 27 , 1989 issue of the Eden Prairie News. This request was to vacate a drainage easement on a lot within the Eden View Subdivision. There were no comments from the audience. :MOTION ' Anderson moved , Pidcock seconded to close the Public Hearing and adopt Resolution No . 89-224 to vacate the drainage easement . Motion passed unanimously. E . 'Vacation of Right-Of-Way For Lakeshore Drive Jullie stated that notice of this Public Hearing was sent to owners of affected properties and published in the September 27 , 1989 issue of the Eden Prairie News. This request wac to vacate a portion of Lakeshore Drive which is no longer necessary. 11 City Council '_Minutes October 17 , 193:j There %,ere no comments from the audience . MOTION : Anderson roved , Harris seconded to close the Public Hearing and adopt Resolution No. 89-225 to vacate the right-of-way. Motion passed unanimously. IV . PAYMENT OF CLAIMS Harris moved, seconded by Anderson to approve Payment of Claims No. 54673 through 54978 . A ROLL CALL VOTE : Tenpas , Pidcock, Anderson, Harris, and Peterson all voted "AYE" . Motion carried unanimously. i V . ORDINANCES & RESOLUTIONS : k VI . PETITIONS . REQUESTS & COMMUNICATIONS A . Request_ for Menards for a Grading Permit to Allow Fill to be Placed Within Out12tC located at the N.W. Corner of Valley View Road an Topview Road Jull ie reported that Menard, Inc. had requested approval of a grading permit to allow placement of fill on property located in the northwest corner of Valley View Road and Topvi ew Road . While the fill request did not appear to result in a significant impart on this property, the proponent had not prepared an overall grading and development plan for this parcel . Staff recommended approval of the issuance of the grading permit subject to the conditions shown in the Staff memorandum of October 11 , 1989 . Anderson asked why Menard, Inc . had to grade now. A representative of Menard, Inc . replied that there was 6 , 500 yards of fill being removed due to grading for the expansion of A to Z Rental . MOTION : Harris moved , Pidcock seconded, to approve issuance of the grading permit subject to obtaining all recommendation as outlined in the October 11 , 1989 memo , including requirement of an overall grading plan for ultimate development of the property. Motion passed unanimously. 12 City Council Minutes October 17 , 1989 V I I . REPORTS OF ADt'I SORT COMMI SS IONS None VI I I . APPOINTMENTS A. One Appointment to the Citizens Advisory Committee for T . H. 212 ( C .A.C . 1 Pidcock moved, and Anderson seconded , that Jesse Schwartz be appointed to the Committee . Motion passed S -0. z IX . REPORTS OF OFFICERS . BOARDS & COMMISSIONS k A. Reports of Council embers ¢ a 1 . Meeting�Ad 'oL urnment a Anderson stated that in 1984 , a motion was passed to adjourn Council meetings at 11 : 00 p. m. unless there was a unanimous motion to continue beyond that time . HOTIOV M h Anderson moved , Pidcock seconded to try to adjourn the meetings at 11 : 00 p.m . Notion passed 4-0- 1 ( Tenpas abstained ) . Tenpas said if the agenda were long , could the Council consider starting earlier. Pidcock said this would create legal problems . 2 . Parking Tickets ssue_d by Police Departmen& Pidcock informed the Council that several residents received parking tickets at Pax Christi Catholic Church during Sunday services. She said the policy of the City should be to help people honor their God as they see fit on Sunday morning. Harris said adequate Parking space should be looked into . Pidcock questioned what people should do when a parking lot is full and there are "no parking" signs on the street . Anderson responded that the people should find the closest parking place. Tenpas concurred with Anderson. Peterson said it would be appropriate for the police department to review this matter and advise the Council . He didn ' t think the tickets should be 13 City Council Minutes October 17 , 1989 invalidated . Tenpas said a suggestion could be made to the police department that. , if all the lots are full , to make use some discretion in enforcement . Anderson said he would like the engineering and the police departments to investigate this matter and give clear recommendation to the Council on this situation. 3 . Celebrate Minnesota program Peterson informed the Council that the State Department of Trade and Economic Development had invited the City to get involved in the Celebrate Minnesota program. He asked for Council approval to forward materials to the Parks , Recreation , and ;Natural Resources staff and request one or two responses to Celebrate Minnesota. MOTQN . Anderson moved , Tenpas seconded, to get involved in the Celebrate Minnesota program. Motion passed unanimously. B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Director of Parks , re & Natural ResQurcvs F. Report of Director of Public Works 1 . NSP Undergrounding prgpgsgl ( Continued from 10/3/89 ) Dietz submitted a memo dated October 3 , 1989 , which explained the possibility of a means to fund placement of utilities underground . In essence , NSP proposed ways to raise $300 , 000 to $500 , 000 annually to place overhead utilities underground. Dietz wanted to know if the Council wanted to proceed with developing more information. Staring Lake Parkway was an example of an overhead line that had to be moved to build the road. Dietz remarked that if there had been means to fund that project, the City could have received a credit to bury that line . He said this situation happened quite frequently in existing neighborhoods where reconstruction occurred. NSP I 14 l City Council Minutes October 17 , 1989 could develop a capital improvements budget process with a 15-20 year plan to bury all lines in the City. MOTIQN: Pidcock moved , Anderson seconded, to proceed with investigating different ways to bury the NSP lines and determine a feasible budget process . All voted "AYE Harris expressed concern that all residential customers would be charged for this project or the bills would be adjusted since some have already paid. Dietz responded some residents may pay more than others. Harris would like to see that customers already paying for underground service not have their bills doubled . Dietz said it would take a Public Hearing to have something like this accompl i shed. XI . NEW BUSINESS r XI I , ADJOURNMENT MOTION• Pidcock moved , seconded by Harris, to adjourn the meeting at 10 : 25 p. m. Motion carried unanimously. 4 15