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HomeMy WebLinkAboutCity Council - 03/20/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY. MARCH 20. 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, Finance Director John Frane, Director of Planning Chris Enger, Director of Parks. Recreation b Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. 1 . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda as published and amended. i ADDITIONS: ADD Item X.A. I . . Recent Legislative Moves on Waste Facilities and Discussion Regarding Lobbyists. ADD Item X.A.2. . Summary of Outside Trash Storage. G ADO Item X.R.3. , Car Dealerships in Eden Prairie. ADD Item X.D. I . . Proposed School Building Construction. Motion carried unanimously. II . MINUTES F A. City Council Meeting held Tuesday, February 6, 1990 3 Change Page 6, Paragraph I , Sentence I . to read ". .this project would meet. .". MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the ( City Council Meeting held Tuesday, February 6. 1990. as amended. Motion carried unanimously. City Council Minutes 2 March 20, 1990 M B. City Council Meeting held Tuesday, February 20, 1990 MOTION: Anderson moved, seconded by Harris, to approve the minutes of the City Council Meeting held Tuesday, February 20. 1990. Motion carried with Anderson abstaining. Ill . CONSENT CALENDAR A. Clerk' s License List B. SCHROERS PUD by Burl Corporation. 2nd Reading of Ordinance No. 40-89-PUD-8-89, Planned Unit Development District Review and Zoning District Change from Rural to RI- 13.5 and RI-9.5; Approval of Developer 's Agreement for Schroers PUD and Owners' Supplement to Developer ' s Agreement; Adoption of Resolution No. 90-69, Authorizing Summary of Ordinance No. 40-89-PUD-8-89 and Ordering Publication of Said Summary. (Ordinance No. 40-89-PUD-8-89 - PUD District and Rezoning; Resolution No. 90-69 - Authorizing Summary and Publication) C. Set Date for Workshop for Board of Review Process for Tuesday. April 3, 1990 at 6:00 PM _ r _ D. Award Bid for Cushman Turf Truckstar E. Continuance of Bids for Two Rotary Mowers MOTION: E Anderson moved. seconded by Pidcock, to approve Items A - E on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. BOULDER POINTE TOWNHOMES by David Carlson Companies, Inc. Request for Zoning District Change from Rural to RM-6.5 on 13.65 acres. Site Plan Review on 13.65 acres, and Preliminary Plat of 13.65 acres into 53 lots for construction of a 52 unit multi-family residential development. Location: South and west of Twin Lakes Crossing, northwest of Staring Lake Parkway. (Ordinance No. 14-90 - Rezoning; Resolution No. 90-68 - Preliminary Plat) City Manager Jullie stated that notice of this Public Hearing had been mailed to 24 surrounding property owners and was properly published in the Eden Prairie News. wl,. � City Council Minutes 3 March 20. 1990 David Carlson, the developer of the property, addressed the proposal . He noted that it is only a 50-unit development at this time. Director of Planning Enger reported that the Planning Commission reviewed this item at the February 26th meeting and recommended approval of the Preliminary Plat, PUD Development, and Rezoning from Rural to RM-6.5. subject to the recommendations of the Staff report dated February 23rd. The Commission added Item 6 to the Staff recommendations to require that all perimeter landscaping shall be installed at the beginning of the project. He said they were con- cerned about the buffering of the project to surrounding properties. He said the original Planned Unit Development designated this area for a range of density between 42 and 92, with any units beyond 42 subject to a detailed review 3f the site and architectural plan and subject to several performance criteria. Enger noted that it will be a townhome association with private roads. He then summarized the recommendations of the February 23rd Staff Report. Peterson asked if this item had been reviewed by the Parks, Recreation and Natural Resources Commission. Enger said he was quite sure it had been reviewed and he assumed it had been approved subject to the recommendations of the Planning Staff. Anderson said he noted there was a significant amount of grading on this project and asked how it lined up with the adjacent properties to the south. Enger replied that the grade change to the south is about 12 feet. Jerry Backman, engineer for the project, said that this property is lower than the adjacent property. Anderson said he was e concerned that individual projects do not take into consideration the grading plans for adjacent developments. Enger said they match the grading to the south and that there is somewhat of a knoll in the center of the property line. He said they are tapering down from that knoll and that thore will be a 3: 1 slope from the top to bottom. Anderson asked what the view of the houses will be for people walking around the lake. Enger said they would see the back of 21-3 duplex units. He said there will be a short distance of boulder retaining wall about 75 feet wide and 4 feet high. Anderson asked if you would see backyards or frontjards. Enger replied it would be backyards. Anderson asked if tt,sre would be any restrictions as to what owners could put in their backyards in this project. He said it is a park and he was concerned about what would be seen when people walked around the lake. He also asked what will happen to the large group of oak trees on the property. Enger said a portion of those trees will be removed for Street "VI but that is located in an area where there are two dead trees. He City Council Minutes 4 March 20, 1990 said they had asked the developer to remove a unit that was planned in the location of the remaining oak trees, and that was done. Enger said the townhouse association should have control over the backyard storage and that the homes that would be directly visib!e from Staring Lake do have sloped backyards. Carlson said the townhome association bylaws would specify no outside storage at all . He said there is more control here than in the single family homes next door . Andersor said he is concerned with the loss of a significant amount of trees even though this seems to be a pretty good project. Pidcock said she was concerned about the outside parking. Carlson said there is additional parking scattered throughout the site. Pidcock asked how many stalls were planned. Carlson said there were 12 stalls and that parking along the street would be allowed for guests. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to approve 1st Reading of Ordinance No. 14-90 for Rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 90-68 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Anderson said he is concerned that the closest lot to the lake area is 35 feet from the road. He said he would feel more comfortable if he knew there were some tight restrictions on what they can put in their backyard. He asked if there were decks included on the homes. Carlson said there will be decks and that they pay particular attention to construction materials used on the decks because of the appearance from the lake. Peterson suggested that Enger pay attention to the issues raised by Anderson and that the Association bylaws be monitored. Motion carried unanimously. B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XVI (Resolution No. 90-67) Jullie stated that notice of this Public Hearing was published in the March 7t h issue of the Eden Prairie News. He said all of the requests for funding were reviewed by the Human Rights d Services Commission on March 12th. He said the recommendations of the Commission were City Council Minutes 5 March 20, 1990 summarized in the March 15th memo to the Council . He said the major difference in this year 's funding proposal request related to the Scattered Site Housing program. He said HUD has determined that the program as it now is administered constitutes an Income payment rather than acquisition assistance. He said that finding of ineligi- bility is being appealed; however, those funds may still need to be repaid to HUD. City Attorney Pauly referred to the March 13th letter to Mr . Leonard D. Brod. Assistant Hennepin County Attorney from Joseph A. Nilan of Mr . Pau IyIs firm which enclosed a letter that Mr. NIIan suggested be sent to Thomas Feeney, Manager of the local HUD office. He said the letter reasserted the objections to the finding of ineligibility and requested that HUD reconsider the finding. Peterson asked iz Tom Johnson is pursuing this on behalf of the county or what the relationship is. Pauly said Mr. Nilan and other staff members produced the suggested letter as it seemed more appro- priate to go through the county channels. Pidcock asked how many other municipalities have similar programs. Pauly said he was not sure. Assistant Planner David Lindahl said to his knowledge no other community has quite this approach to this program; however , several communities have expressed interest in this approach. Tenpas asked if HUD' s interpretation precludes us from approving the funding for this year. Pauly said that if HUD's view prevailed we would have more money to refund back to HUD. Lindahl said that if the funds were approved for this year, it would have to be on the basis of a contingency fund. I Harris asked for an explanation of the $5,000 for Adaptive Recreation and what was happening regarding the 15% county-wide cap. Lindahl said HUD regulates the county and will not allow more than 15% of the overall allocation to be expended for public service activities. He said the county does not require cities to follow the same guide- lines so Eden Prairie has allocated 25-30% for public service in the past few years. He said we will have to maintain the percentage for 1989 which was 30%. I Jim Nicolai , Administrator of the GMDCA. and Beth Timm, Adaptive Recreation Coordinator, were present to answer questions. Mr.. Nicolai 1 said they appreciated the continued support the Council has given to the child care sliding fee program. 1 MOTION: i d Pidcock moved, seconded by Anderson, to close the Public Hearing and to , f adopt Resolution No. 90-67 approving they proposed program for use l of Year XVI CDBG funds. Motion carried unanimously. City Council Minutes b March 20, 1990 V. PAYMENT OF CLAIMS MOTION: Anderson moved, seconded by Pidcock, to approve Payment of Claims Nos. 58123 - 58457. Peterson questioned No. 58434 and Jul lie said he would check into it. ROLL CALL VOTE: Motion carried unanimously with Anderson, Harris, Pidcock, Tenpas and Peterson voting "aye." VI . ORDINANCES a RESOLUTIONS VII . PETITIONS , REQUESTS a COMMUNICATIONS A. hearing to Appeal Board of Appeals b Adjustments Decision on Variance Request No. 90-04 Jullie said Mr. b Mrs. Nelson have appealed the decision of the Board of Appeals 8 Adjustments decision on Variance Request No. 90-04. He said they wish to add a deck on the side of their house which would result in a 20-foot setback rather than the 30-foot setback required by code. Mr. Zachman, the builder, described the situation that resulted in the present situation regarding the Nelson's deck. He said he thought the proposed 12 X 18 foot deck along with the six-foot evergreen trees proposed would be an improvement to the neighborhood . Enger said the Planning Staff checks the surveys submitted by the builder to make sure the setbacks are conformed with . In this case the setbacks were conformed with; however, they noticed that the back of the house was on a front yard setback. They wrote on the survey "No Deck„ and returned the survey to the builder. He said the house could have been sited differently so that the living side was toward the more usable portion of the yard, Harris asked Enger to review how the house could have been sited to avoid the problem. Enger reviewed the position of the house and how it might have been arranged on the lot. Tenpas said the builder was the one who made the mistake, not the homeowners. He said he thought the neighbors across the street would prefer a deck since there is a sliding glass door . Anderson asked Enger what the smallest practical deck size is. Enger Enger replied that it's a relative thing and that an 8 X 10 deck can be used for some purposes. A Peterson sbid he would be comfortable with a compromise size for the deck. Anderson said he would go along with an 8-foot deck with plantings. City Council Minutes 7 March 20, 1990 MOTION: Anderson moved that the request for variance be approved with the stipulation that it be an 8-foot deck and that the trees be 8-foot conifers. MOTION DIED FOR LACK OF A SECOND. Tenpas said he didn't think the neighbors would be able to tell the difference between a 12-foot anI a 10-foot deck. Peterson said he was concerned with the issue of precedence since what is permitted in tthis case is a 2-foot deck. Tenpas said he thought it was unusual for a house to front on three streets. Peterson said he thought that did not create a hardship since the streets were there when the home was purchased. Pidcock said she had great sympathy for the Nelsons and she was concerned that this not happen again. Tenpas as:<ed the Nelsons if 10 feet would work for them. They said it would. MOTION: Tenpas moved, seconded by Pidcock, to approve the request with a deck size of 10 X 18 feet and with three 8-foot conifers to be planted. Motion carried unanimously. VIII . REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS d COMMISSIONS { q 1 S A. Reports of Councilmembers 1 . Recent LegislativeMoves on Waste Facilities and Discussion r r Regarding Lobbyists i f, Harris said she would Iike to have some discussion about the ! actions last Friday on local authority and solid waste facilities. Pauly said the Waste Management bill was heard by the Environ- mental Committee in the Senate last Friday. He said that bill had the provision that deals with waste processing facilities. He said a provision was Inserted that essentially takes away from any local control the siting of waste facilities which would i M City Council Minutes 8 March 20, 1990 include disposal facilities. He said that provision takes away local authority and would take away Eden Prairie's authority with regard to any zoning or regulatory issues of Flying Cloud Landfill . He said it was his understanding that the provision was recommended by the county in order that they would be able to properly dispose of certain types of garbage such as yard waste. He said he recommended that it be modified to exclude landfills. Pauly said a further amendment was introduced that states that any landfill or expansion of a landfill that has received the approval of the Metropolitan Council as of the date of approval of the Flying Cloud EIS and which will receive county approval is exempt from further local approval . He said the House version of the bill contains neither of those two provisions. Harris said she was very concerned about the local authority in decision-making issue. She said she would like to place before the Council the option of having a lobbyist represent the City during this period in order to have direct access to the legis- lators as well as a direct link back to the City. Pidcock said she was going to suggest the same thing. Tenpas asked if the legislator introducing the amendment was j. being directly lobbied by BFI . Pauly said in regard to the second amendment he was. t Peterson asked Harris if she had a particular lobbyist in mind. She replied that she did not, but she thought that first the Council should decide whether to have one. Peterson said he thought that Mr. Merritt is well known and is very conversant with the issue. Tenpas said he would like the option of consulting with Senator Storm and Rep. Pauly as they know the people over there and might be able to suggest someone who couid be more effective. Harris said she would agree. Anderson asked if Merritt would know what is going on. Peterson said he would suggest that two counciImembers volunteer to meet with Senator Storm and Rep. Pauly and others, and the Council would then authorize those two councilmembers to make a decision. MOTION: Anderson moved, seconded by Tenpas, to appoint Dr . Harris and Mrs. Pidcock to meet with Senator Storm and Rep. Pauly to determine an appropriate lobbyist. City Council Minutes 9 March 20, 1990 Tenpas said he would like to see some consideration of the term of this lobbyist as he might not be opposed to this person doing. some additional work on the landfill issue. Peterson said it might be appropriate to ask whichever lobbyist is chosen to draft an agreement outlining the scope of the effort. Pauly said some agreements are on a set fee and others are on an hourly basis. He said more typically they are so much per month or so much for the session. Peterson said perhaps Mr. Pauly or Mr . Rosow should be in the meeting with the two councilmembers. VOTE ON THE MOTION: Motion carried unanimously. 2. Summary of Outside Trash Storage Harris said the Council had asked Staff at an ear Iior meeting to look at regulation of outside trash storage and she would like to know where that stands. Enger said Staff has contacted other communities and there are none that require inside storage of trash. He said many do require outside screening of trash. He said Staff is proceeding along the lines of requiring inside storage of trash. He said they have met with the Public Safety Department and the Building Dept. regarding health codes and are beginning to draft standards for requiring inside storage. i Harris said she would like to know the status of any legal actions in which the City is currently involved. Pauly said he had undertaken to gather that information, and he would have it ready the Friday after next. 3. Car Dealerships in Eden Prairie Peterson said he wanted to discuss Mr . Enger 's memo regarding the Ford dealership near Menards. Enger said the City Code does not permit outside display of more than 10% of goods for sale or lease. He said this precludes the traditional form of car dealerships. He said the Code would also preclude boat dealerships with outside display, and other similar types of dealerships with outside displays. Enger said the Ford dealership is being proposed next to Menards, which he thought was a good place for it; however, his concern is City Council Minutes 10 March 20. 1990 that what happens on that site, if it is approved, will be the standard for any other car dealerships in town. He said they are willing to prepare additional information or standards for such projects if the Council would so desire. Anderson said he would Iike to see the state of the art as far as car dealerships are concerned. Pidcock said she could see no reason to deviate from our standards of the past. Tenpas said he would agree with Anderson that we should take a took at the state of the art. Harris said she thought we should maintain the standards for which we are known. Enger said Mr. Brasier 1s invoIved in this on behalf of Mr. Berme I , the agent in the sale of the property. He said the Staff does not have an ability to negotiate at this point as Mr. Brauer has said they believe the Council is in favor of this dealership. Peterson asked if they are proposing the traditional type of auto t merchandising. Enger said the layout is traditional . ' t Peterson said he thought the Council had expressed a unanimous decision that we have standards and that we are not inclined to deviate from them. Enger said he believes when one dealership comes in, there will be four or five others after it. He said, whine this site Is rela- tively easy to deal with regarding the issue of outside storage. none of the other suggested sites is easy to deal with. B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning 1 . Proposed School Building Construction i Enger said the School wants to put two concession buildings at the High School , and he doesn't feel it is a big enough deal to go through the site plan ordinance. He showed pictures of the two buildings. Enger said they plan to suggest the School contact the neighbors nearest the proposed building sites and show then / the pictures and the plans. 1 City Council Minutes 11 March 20, 1990 Anderson said he thought painting the buildings in earth tones would be better than white. Enger said he would expect them to be painted the same color as the stadium entrance. E. Director of Parks, Recreation & Natural Resources F. Report of Director of Public Works G. Report of Finance Director XI . NEW BUSINESS Pauly referred to his letter of March 15th to Paul Anderson and Mr. Anderson's reply to him dated March 19th. He reviewed the eight points outlined in his letter to Mr. Anderson. He said Mars. Jacques is adamant about not locating the public boat launch on the northerly 2/'3 of the Lakeshore property. He said it would appear that it would be possible to realign the launch to the southerly portion of the park and move the beach area to the north. Jullie showed drawings of the proposed park development. Tenpas asked what the probability was of acquiring the additional land. Jullie said it will eventually happen. Tenpas said he would like to suggest that we start the process again to investigate acquiring the addi- tional land. Anderson asked where we are with the railroad track. Jullie said we have had no official word on abandonment. Pauly said one approach would be to try to get some type o{ time limit so that at some time the provision would be stricken. o Peterson asked Jullie 1f he had talked to Mr. Lambert about the response and the alternatives proposed. Jullie said Mr. Lambert' s recommendation has been to have full flexibility; however, the plans worked out with the j boat access on the southerly portion will work and the State will approve it. 0 Pidcock said she thought we should make a proposal to Mrs. Jacques with the boat launch on the southerly portion and with a time period for the restriction. X1l . ADJOURNMENT MOTION: Harris moved, se^- ,ded by Pidcock, to adjourn the meeting at 9:30 PM.