Loading...
HomeMy WebLinkAboutCity Council - 01/16/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, JANUARY 16 , 1990 7 : 30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Harris was absent. PRESENTATION BY GAIL LEIPOLD, OF THE HUMAN RIGHTS & SERVICES COMMISSION REGARDING MARTIN LUTUER KING, JR. EVENT Gail Leipold reviewed the scheduled events and expressed appreciation for the City Council's support of the event. Leipold said that 100 tickets had been sold to date. Mayor Peterson commended the Human Rights & Services Commission for taking on the project. I . APPROVAL OF AGENDA AND OTHEE ITEMS Off' BUSINEESS MOTION: Pidcock moved, seconded by Anderson to approve the Agenda as published and amended. ADDITIONS : Add Item IX.A, Appoint of Landfill Advisory Committee. Add Item X.A. 1, Report on Southwest Transportation Coalition Commission. Add Item X.A. 2 , City Office Paper Disposal . Add Item X.A. 3 , Earth Week. Add Item X. B. 2 , Discussion on Rescheduling March 6, 1990 City Council Meeting. Motion carried unanimously. II. MINUTES A. Regular City Council Ke9ting held Jugsday. December 19. 1999 City Council Minutes 2 January 16 , 1990 MOTION: Anderson moved, seconded by Pidcock to approve the regular City Council meeting held Tuesday, December 19, 1989 as published and amended. CORRECTIONS: Page 5, Item D, Paragraph 1, should read: for their thorough responses. . . Page 10, Finance, Paragraph 2, should read: specifications too restrictive, . . . . Page 14 , Item X.A. 1, Paragraph 1, should read: January 3 , 1990 Item XII . , Motion, should read: Anderson moved, seconded by Pidcock to adjourn the meeting at 10: 10 PM. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, January 2 , 1990 MOTION• Pidcock moved, seconded by Tenpas to approve the Minutes of the Regular City Council meeting held Tuesday, January 2 , 1990 as published and amended. CORRECTIONS• Item IX.A, Motion, should read: . . of the City Offices and further that at 11:00 PM a vote shall be taken to determine if the remaining items on the agenda are to be continued and the meeting adjourned or the meeting continued. A unanimous vote would be required to adjourn the meeting. Motion carried 3-0-1. Mayor Peterson. abstained. III . CONSENT CALENDAR A. Clerk's License List r B. 2nd Readingof Ordinanc2 -9 m nd n Chapter Zoning Regulations and Adoption of R2solution No. 90-18 , Author' zing Summary for Publication C. Authorize anDointrentS - oInc. for assistance with and sp-gcifications for e detached frontage road east of Dell Road and sQuth f H 5. I.C. 52-177 D. ARyr9ye conveyance of Outlot H. Bluffs East 4th Addition by Edgn Prairie to Audrae Diestler f City Council Minutes 3 January 16„ 1990 E. Approval of the Assignment of Credit Instruments on the Tanager Creek Housing Revenue Bonds from Midwest Federal S & A to Midwest Savings Association. F.A. F. Community Center Surveys G. Staring Lake Amphitheater Rental Policy H. Agreement with Goodwill/Easter Seals for Recycling Services I. Amendments to Joint Powers Agreement for Southwest Metro Transit (Resolution No. 90-11) J. Authorization for Disposal of Tax Forfeited Lands (Resolution No. 90-16) K. Termination of Use Agreement between NAFTA and Minnesota Gas Company L. Receive Feasibility Study and Set Public Hearing for Utility and Street Improvements to Mitchell Road from Boulder Pointe Road to CSAH 1` I .C. 52-156 (Resolution No. 90-14) MOTION: Anderson moved, seconded by Pidcock to approve Items A through L on the Consent Calendar. ITEM G Lambert presented a revised draft of the rental policy for the Staring Lake Amphitheater. Lambert emphasized the point that the groups could use the facility until 9: 30 PM and must leave the park by 10: 00 PM. The noise level restriction would be set at 70 decibels. He noted that Staff had discussed this item extensively with Minneapolis and had conducted extended research. I Tenpas asked if this sound level would preclude any particular type of music. Lambert replied no; however, it would limit how loud the music was. 4 Motion to approve the Consent Calendar carried ' unanimously. E IV. PUBLIC HEARINGS A. JAMEsSTOWN PLANNED NIT DEVELOP ENT by Tandem Properties. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Neighborhood Commercial on 5. 59 l acres and from Low Density Residential to Medium Density Residential on 12. 16 acres, Planned Unit Development City Council Minutes 4 January 16, 1990 Concept Review on 60.79 acres, Planned Unit Development District on 60.78 acres with waivers, Site Plan Review and Zoning District Change from Rural and R1-22 to RM-6 . 5 on 12. 16 acres, Zoning District Change from Rural to R1-22 on 37 . 65 acres, Preliminary Plat of 60. 79 acres into 17 townhouse lots, 60 single family lots, 2 outlots and road right-of-way, Environmental Assessment Worksheet Review on 60.79 acres. City initiated Comprehensive Guide Plan Amendment for relocation of the Metropolitan Urban Service Area (MUSA) line to include an additional 7 acres of property for a mixed use development to be known as Jamestown. Location: South of Highway #5, east of West 184th Avenue. City Manager Jullie reported that Staff recommended that a presentation be made by the proponent at this time due to the number of Public Hearings to be reviewed by the City Council at the next two meetings. Jullie noted that the Council would not take action on this item this evening. A handout was presented to the City Council regarding the proposal and the revisions by Director of Planning Enger. Jim Ostenson, representing the proponent, presented the plans for the 60-acre site. Three types of projects would be developed on this property; commercial, single-family, and multiple-family. The plans had been revised to include 108 condominium: units, ranging from 4 to 8 units per building. The number of driveways coming off the public road had been reduced based on recommendations from Staff and the Planning Commission. Ostenson believed that an adequate buffer was being provided between this proposal of multiple-family units and the Orrin Thompson development. Ostenson noted that the State would be constructing the public road to service the Orrin Thompson project, which was the reason for approval of this road location at this time. The commercial area consisted of approximately 5 acres and had been redesigned to provide better access to the site and to save additional trees. The commercial area would consist of a convenience-gas station, a daycare facility, and an office building. The commercial area would not be developed for approximately 2 to 3 years and should be viewed as only a concept plan. The proponent would return to the Planning Commission and City Council with further detail for this area at a latter date. Ostenson noted that the main revisions in the plan centered around the desire to save additional trees. The Planning Commission had requested that the wooded area be zoned R1-22 with the remainder of the single-family area being zoned R1-13 . 5. Ostenson noted that this change had resulted in the loss of one single-family lot. The predicted tree loss at this time would be 22 . 5% with an City Council Minutes 5 January 16, 1990 additional 12 . 5% being marked as questionable. Ostenson noted that the proponent would retain a forester, would establish scenic easements, and would work extensively with the builders to save as many trees as possible. Ostenson believed that given the site features, the proponent had done everything possible to save the trees. Ostenson concluded by addressing the restraints of the Southwest Area Study. He noted that this area would be . limited to a total of 250 units. Ostenson stated that the proponent wished to begin the development in the multiple- family area; however, this would be extremely difficult with the limitation of only 55 units. Ostenson added that this issue had been discussed with Staff and he wished to appraise the City Council that the proponent would possibly request consideration of additional units in the future. Enger reported that the Planning Commission reviewed this item at its January 8 , 1990 meeting. The Planning Commission had requested at that time that further attention be given to the wooded area in the southern portion of the property to save more trees. Enger said that Staff and the proponent had not anticipated having the revisions completed by tonight's meeting and, therefore, had requested the continuance. Enger noted that residential units could be constructed next to Highway #5 with adequate berming and noise mitigation. Enger stated that Staff would not be comfortable at this time to increase the development cap in the Southwest Area; however, Staff would suggest the possibility of a discussion at a later date. Staff recommended that a bond be provided to secure the tree replacement. Enger noted that the commercial area did require a Comprehensive Guide Plan change. Enger stated that comments had been received from the City of Chanhassen regarding the commercial area and its possible affect on the Chanhassen downtown area. Enger noted that this item would need to be reviewed by the Metropolitan Council and the City Council might wish to hold the final approval of the Preliminary Plat until further details were provided. An Environmental Impact Study was necessary because the Metropolitan Council was concerned about the impact on the lakes by urban development. Enger added that the Watershed District was not in agreement with the Metropolitan Council on this theory. Enger concluded by saying that the proponent had worked to develop a plan which was in conjunction with the Southwest Area Study. Lambert reported that the Parks, Recreation & Natural Resources Commission had recommended approval of the i City Council Minutes 6 January 16, 1990 project based on the recommendations outlined in the Staff Report. The majority of the discussion centered on tree replacement and preservation. The Commission supported the recommendation to require bonding. Pidcock asked what the square footage would be for the condominium units. Putnam replied from 1100 to 1300 square feet. Pidcock then asked if the garages would be single or double. Putnam replied that garages would be single. Ostenson stated that a copy of the noise study had just been received today. The study reported that there were no noise problems related to Highway #5. The berming along Highway #5 would be approximately 10 to 15 feet high. The noise levels were considered to be within reasonable limits. Ostenson noted that after further review of the project, the City of Chanhassen had reconsidered its position. Anderson asked how much tree loss would be a direct result of construction of Dell Road and Highway 5. Enger estimated the loss to be approximately 600 caliper inches for Dell Road and could not estimate a figure for Highway 5 at this time. Anderson noted that significant trees would be lost due to the road construction and added that all of the trees would be on the Eden Prairie side of the roads. Anderson asked if the alignment could possibly be adjusted in order to save some of the trees. Dietz replied that a tree inventory would be completed. He added that it could be possible to investigate reverse curves and minor changes which might be able to save trees. Anderson then asked if the alignment of Highway 5 could be adjusted. Dietz replied that MnDOT had agreed to try to conform with the City's Tree Replacement Policy. Peterson asked if the berming being proposed would preclude the need for fencing along Highway 5. Ostenson replied that fencing was not planned; the noise mitigation would be accomplished only with berming. Peterson asked if the tree replacement and bonding R requirements were in compliance with the City's current calculations. Ostenson replied yes. I There were no further comments from the audience . MOTION• 9 Pidcock moved, seconded by Tenpas to continue this Public Hearing to the February 6, 1990 City Council Meeting. Motion carried unanimously. City Council Minutes 7 January 16, 1990 B. FARBER ADDITION by Roger Farber. Request for Zoning District Change from Rural to R1-22 on 3.7 acres with variances for road frontage to be reviewed by the Board of Appeals. Preliminary Plat of 7 . 6 acres into 3 single family lots, and one outlot. Location: 6525 Rowland Road. (Ordinance No. 2-90 - Rezoning; Resolution No.90-17 - Preliminary Plat) Jullie recommended that February 20, 1990 be set to review the Board of Appeals & Adjustments decision on this development proposal. Frank Cardarelle, representing the proponent, presented the plans for 3 single-family lots. The plan was designed to save trees, save the hill and preserve the pond area. Cardarelle stated that the zoning would be R1-22 and believed that the development would blend in well with the existing neighborhood. Cardarelle noted that the difficulty with the Board of Appeals & Adjustments was regarding the flag lots. Enger reported that the Planning Commission had reviewed this item at its December 11, 1989 meeting and recommended approval with a 6-1 vote based on the recommendations outlined in the Staff Report. Enger noted that the Watershed District had not established a highwater mark for this area and that some of the soils were considered marginal for construction. Enger stated that the majority of the discussion at the Planning Commission level had centered around the future of Outlot A. The Board of Appeals & Adjustments had difficulty in approving the use of "flag" lots for this parcel . The positive aspects of the flag lots would be a reduction in the amount of r, grading and fill necessary which would result in saving additional trees, lot sizes would be much less than that required for R1-22 zoning, and lot sizes would exceed those of the surrounding area. The negative aspects were the 12% grade of the road, that 3 driveways would be located within 150 feet on Rowland Road, and a plan would be approved with poor soil conditions, steep grades, etc. . Lambert reported that the Parks, Recreation & Natural Resources Commission had reviewed this item at the December 18, 1989 meeting where the discussion centered around the acceptance of Outlot A. The Outlot would not be in lieu of Cash Park Fees. The Commission recommended approval of the project. Anderson asked if the City would benefit more from a City road or a private road. Enger replied that the solution did not have to be either a public street or a private drive. He added that the lots could be larger and the plan changed to provide 1 driveway instead of 3 . Anderson z s q. City Council Minutes 8 January 16, 1990 asked if there were instances currently within the City where joint driveways existed. Enger replied yes. Pidcock asked how many soil borings would be done to determine if the soil would support construction. Enger replied that this had not been determined at this time. Peterson commented that the Soil Engineer would determine the number of soil tests to be done. Pidcock believed that it was important to establish a required number of soil borings. Enger replied that the wording in the developers agreement could state that the building site must be certified by a soil engineer. Pauly noted that the Council could approve or deny the proposal tonight; however, he recommended that the item be continued until after the appeal. hearing. There were no further comments from the audience. MOT14N: Pidcock moved, seconded by Anderson to continue the Public Hearing until after the Board of Appeals hearing and to be set for February 2+0, 1990 for the consideration of the action taken by the Board of Appeals & Adjustments . Motion carried unanimously. C. SUBDIVISION OF PROPERTY AT 13008 GERARD DRIVE Jullie reported that notice of the consideration of this item had been sent to approximately 40 property owners in the vicinity and published in the January 10, 1990 issue of the Eden Prairie News. He added that this was a subdivision issue. Larry Hanson, 13008 Gerard Drive, stated that he had lived ? on the 4-acre site for approximately 20 years. He added that after a survey of the adjoining Beckman property had been done it was determined that a 33 foot discrepancy existed, and that he actually owned an additional 33 feet of land on which a driveway for the Beckman property existed. Hanson stated that he would like to sell the 33 foot strip of land to the Beckman estate, which would allow the driveway to be actually on the Beckman property. He added that this would also allow the property line to coincide with a metal fence located on the back half of the property and a row of pines which had been planted on what was thought to be the property line. Dietz stated that this would normally have been handled administratively; however, there was opposition from adjacent property owners and Staff would like direction from the City Council. Dietz added that the adjacent property owners were concerned about the potential for City Council Minutes 9 January 16, 1990 future development of the Beckman property . Dietz believed that the 33 feet of property should be considered as a stand alone parcel and recommended approval of the subdivision. Peterson asked if the driveway would be in conformance with City Code. Dietz replied yes. Floyd Siefferman, 6997 Edgebrook Place, stated that his home was within 20 feet of the back lot line of the Beckman property and that he had believed that it would be physically impossible for a road to be constructed to provide access to the lot behind his home. Siefferman believed that the subdivision of this property would be the first step to encourage development in this area. He recommended that an easement be granted for the Beckman property to use the driveway and that some type of annual compensation be given to the Hansons. Siefferman suggested that another alternative would be to have the 33-foot strip stop at the home. Peterson asked Dietz if the potential for future development of the Beckman property would be enhanced by the acquisition of this additional 33 feet. Dietz replied that a preliminary drawing showing possible development had been made of the Beckman property. Enger added that the 33 feet would increase the probability of development if the preliminary plan were to proceed further. Anderson asked if the property could be subdivided. Enger replied that if a plan were presented to the City which met City Code requirements, it would be difficult to deny platting. Enger added that if a zoning change or variances were requested, then the City could have reasons to deny a subdivision. Hanson stated that the intent was to allow a property line to exist as it was originally located and to correct an error in a survey which had been made several years ago. He added that if a road were constructed it would come within 9 feet of the Beckman house. x Peterson stated that the issue was not whether or not further subdivision could take place. Siefferman believed that this would be the only chance the City had to prevent further development of this property. He restated that he believed an easement would be a reasonable alternative. Dietz stated that this subdivision would not create a separate lot. City Council Minutes 10 January 16, 1990 Tenpas asked how large the Beckman parcel was currently. Enger replied approximately 8 acres. Tenpas asked what would preclude the owner from constructing a road on the opposite side of the parcel. Siefferman replied that the east side was extremely steep. Pidcock asked Hanson if the easement alternative could be a consideration. Hanson replied that he had mixed feelings. Mrs. Hanson stated that it was their intent only to return the property line to where it had always been believed to be. She added that her main concern was to remove them from liability issues. There were no further comments from the audience. MOTION: Anderson moved, seconded by Peterson to close the Public Hearing and approve the proposed subdivision of property at 13008 Gerard Drive. Anderson stated that in the past this had been handled administratively and believed that it was within the rights of the property owner to request the subdivision. Peterson concurred. Tenpas asked if a public road would be required. Enger replied that a public road would need to be extended in some way. Motion carried 3-1 . Pidcock voted "NO" . D. VACATION NO. 90-01 OF DRAINAGE AND UTILITY EASEMENT WITHIN LOT 1 . BLOCK 1 C ASg POINT (Resolution No. 90-13) Jullie reported that notice of this public hearing was published in the December 27, 1989 issue of the Eden y Prairie News. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No. 90-13 to vacate the Drainage and Utility Easements. Motion carried unanimously. V. PAYMENT g,F CLAIMS City Council Minutes 11 January 16, 1990 MOTION: Pidcock moved, seconded by Anderson to approve Payment of Claims No. 56830 through No. 57063 . ROLL CALL VOTE: Anderson, Pidcock, Tenpas, and Peterson all voted "AYE" . VI. ORDINANCES & RESOLUTIONS VIZ. PETITIONS, BEOUESTS & COMMUNICATIONS A. Prairie Lutheran Church - Request for extension of time limit to conform with exterior material standards Enger reported that the Prairie Lutheran Church project was originally approved in 1987, a variance was granted to require that 30% of the exterior would consist of brick when Phase II was constructed. Enger stated that Staff wanted direction from the Council as to whether this proposed addition, which is smaller than the originally proposed Phase II, should constitute Phase II and the 30% brick requirement be enforced at this time. Merrill Ronning, representing the Church, presented the plans for the addition. He added that he believed that this was only an addition and was not equivalent to Phase II , which consisted of an expansion of the sanctuary and would in essence double the size of the existing facility. Ronning stated that the Church would like to have the addition constructed by the Fall of 1990. i Peterson stated that the City requirement for brick, j glass, or better material was for maintenance purposes and added that he could support an administrative approval if a guaranteed that when Phase II was proposed, there would not be a request for anything other than the 30% originally agreed to. Anderson stated that originally a hardship was presented as the reason for the request and believed that any addition should be considered as Phase II. Anderson added that he could go along with this proposal if a time limit were established for the building to be in compliance with the 30% requirement for brick. Peterson asked if a 5-year time limit would create a hardship for the Church. Ronning replied that he was not able to answer at this time. Peterson noted that the 30% requirement represented a significant concession from the normal City standards. Ronning stated that he would agree that at the time of the construction of the next unit the Church would be required to be in compliance with the 30% brick for the exterior material . I City Council Minutes 12 January 16, 1990 Peterson recommended that the wording be any addition in ' excess of 10, 000 square feet would require compliance with the 30% brick exterior building material requirement. r City Attorney Pauly recommended that the wording in the original agreement not be altered and it remain that compliance would be required with the construction of , Phase II . MOTIO Pidcock moved, seconded by Tenpas that no Site Plan Review for this addition was necessary, but required that any subsequent additions be subject to a Site Plan Review. Motion carried unanimously. r B. Receive petition for Extgnsion of Beverly Drive in Section 29 and Order Feasibility S:udy. I.C. 52-18t x Dietz believed that it would be premature to extend Beverly Drive at this time. He added that a valid p petition had not been presented to the City and, therefore, recommended denial of the request. A realtor representing Mr. & Mrs. Douglas stated that the extension of Beverly Drive would provide a better access for the property. The property was approximately 12 .9 acres and the Douglas's would like to subdivide the parcel . g John Turnbull, 10001 Dell Road, stated that approximately 4 years ago he had given property to the City for the protection of the scenic value of this area. He added that he wanted the wildlife to stay in this area. Turnbull believed that Douglas wanted the City to pay for a road which would enhance the sale of his property. Ron Hron, 17170 Beverly Drive, stated that he did not favor a feasibility study. Ken Kuntsmann, 9999 Dell Road, stated that he was opposed to a feasibility study. He added that the ecology in this area was already very fragile. Fred Allis, 10005 Dell Road, stated that this proposal would have a road going to nowhere. Allis also noted that Indian burial grounds existed in this location and believed these were to be protected. There were no further comments from the audience. City Council Minutes 13 January 16, 1990 MOTION: Anderson moved, seconded by Tenpas to deny the request for a feasibility study for the extension of Beverly Drive. Motion carried unanimously. VIII. REPORTS OF ADVISORY gOMMISS ONS IX. APPOINTMENTS X. REPORTS OF OFFICERS. BOAR„PS & COMMISSIONS A. Repgrts of Couacilmembers 1. Southwest Coalition Committee Report Pidcock stated that the checking account balance for the Southwest Area Coalition was $443 . 12 and the savings account balance was $41, 624.47 . She added that donations had been received from all of the government agencies with the exception of Hennepin County, which was to be received this month. 2 . City Office Paper Recyclin Anderson stated that the City Offices throw away an enormous amount of paper and recommended that the City take the lead and recycle the paper at the Goodwill location provided at Menards Center. Dawson replied that the Goodwill location was not set up to handle business volumes at this time. Anderson stated that the memo had stated that office paper was accepted. Dawson replied that he would look into this item further. Peterson asked if there was a more efficient way to dispose of the paper. Dawson replied that presently the paper was taken to the Rueter facility. Anderson asked Dawson if the City was sure that the paper taken to Rueter was being recycled. 3 . Earth Week Anderson stated that after discussing Earth Week with the Park, Recreation, & Natural Resources and Waste Management Commissions, he believed that a committee should be established to plan activities for Earth Week. Anderson recommended that the committee consist of one person from the school , one person from the Parks & Recreation Department, one person from the City Council, one person from the Waste Management Commission, one or two Staff members, and possibly two members at-large. Anderson believed that there was money available to work with. Dawson added that approximately $18 , 000 was available. City Council Minutes 14 January 16, 1990 Anderson said that the week could begin with a Clean-Up Day and have other activities planned during the week. MOTION: Pidcock moved, seconded by Tenpas to appoint Councilmember Anderson as the City Council representative. Motion carried unanimously. Peterson asked Anderson if he would be prepared by the next meeting to make recommendations for members of the committee. Anderson replied yes. B. Report of City Manager 1. Reschedule date and time for interviewing candidates for boards/coimissions MQTION: Anderson moved, seconded by Pidcock to set the date of February 21 , 1990 to conduct the interviews for Board/Commission Candidates. Motion carried unanimously. 2. Landfill Advisory Committee Appointments Jullie reported that a decision had been made to develop a committee to review the issues regarding the landfill . It was determined that a 7-member committee should be considered. He added that Council may wish to formalize the committee. Pidcock stated that she and Councilmember Tenpas would be willing to serve on the committee. She added that the purpose would be to lobby State Agencies and to get the message out to the public to acquire greater acceptance on a state wide basis. Pidcock stated that she and Councilmember Tenpas would make formal recommendations for members at the next City Council meeting. 3 . Resghedule March 6 . 1990 City CoUpcil me2tiM. Jullie reported that four Councilmembers would be attending a conference and would not be available for the March 6, 1990 City Council meeting and recommended the meeting be rescheduled for March 13, 1990.. MOTION: Pidcock moved, seconded by Anderson to reschedule the March 6, 1990 City Council meeting to March 13, 1990. Motion carried unanimously. C. Report of City Attgrnev City Council Minutes 15 January 16, 1990 D. Report of Director of Planninct E. Director of ParlSs. Recreation & Natural Resources F. Report of-Director of Public Works G. Report of Finance Director XI. NEW BUSINESS XII . ADJOURNMENT The meeting adjourned at 10: 30 PM. i i f I i i i i } i f i