Loading...
HomeMy WebLinkAboutCity Council - 09/04/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, SEPTEMBER 4, 1990 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCILMEMBERS: 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 D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Anderson moved, seconded by Pidcock to approve the agenda. Pidcock said she would like to add two items under Councilmembers reports: (1) Information on signage; and (2) Appointment to RTB Committee. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. City Council Meeting held Tuesday, August 7. 1990 MOTION Anderson moved, seconded by Harris, to approve the Minutes of the August 7, 1990 meeting. Pidcock said on Page 12 of the minutes, Item V.. Payment of Claims, should read "Pidcock moved" instead of "Peterson moved." Motion to approve minutes as amended carried 5-0. B. Special City Council Meeting held ,Tuesday. August 21,, 1990 MOTION Anderson moved, seconded by Harris, to approve the minutes of f August 21, 1990. • Motion approved 4-0-1 with Pidcock abstaining. i City Council Minutes 2 September 41 1990 C. City Council Meeting held Tuesday, August 21, 1990 MOTION Harris moved, seconded by Tenpas, to approve the minutes of the August 21, 1990 meeting. On Page 4, fourth paragraph, first sentence should read, "Peterson said with respect to this Item A, it would be inappropriate'" instead of "was be inappropriate." Peterson said on Page 11, under VII.A., third paragraph, should be "Jerry" LaBarre instead of "Claude." Motion approved 4-0-1 with Pidcock abstaining. D. Special City Council meeting held Thursday, August 23, 1990 MOTION Tenpas moved, seconded by Anderson, to approve minutes of August 23. Harris said on Page 4 of the minutes, fifth paragraph, third sentence should read, "Harris commented that this proposal presents the best opportunity for consi3ering establishment of a reserve for capital { projects. She further stated that if taxes could be held to current levels and a reserve fund begun, the City was acting prudently." Minutes approved 4-0-1 with Pidcock abstaining. III. CONSENT CALENDAR A. Clerk's License List B. 2-nd Readinst of Ordinance No 31-90, Declaring a Moratorium on Develo]Rment by the Landfill C. 1st Reading of Ordinance No. 34-W amending City Code Section 5.39 Relating to Lic nsina of Lictiuor Establishment Employees D. CQQ,Rerative Agreement with Department of Interior E. Approval of Final Plat of Bluffs East 9th A!Idition (located at the Southwest Corner of Meade Lane and Antlers Ridge) Resolution No. 90-219 x F. Approve Cbange Order No 1 to the Contract for T.H. 5 Detached Frontage Road, I.C. 52-177 G. Approve MWCC Facility Connection Permit. for Sanitary Sewer through * DeIegard Eropgrty. I.C. 52-197 (Resolution No. 90-221) City Council Minutes 3 September 4, 1990 H. Approve Easement Agreement Over PIN No. 21-116-22-32-0003 for Mitchell Road Improvements, I.C. 52-156 I. R. G. READ & COMPANY, INC. - Adoption of Resolution No. 90-200, Denying 2nd Reading of Ordinance No. 7-90, Zoning District Amendment) J. R. G. READ OFFICE/WAREHOUSE by R. G. Read & Company, Inc. 2nd Reading of Ordinance No. 29-90 Request for Zoning District Amendment within the I-2 Zoning District on 3.79 acres; Approval of Developer's Agreement for R. G. Read; Adoption of Resolution No. 90-222, Authorizing Summary of Ordinance No. 29-90 and Ordering Publication of Said Ordinance; 5 acres into 2 lots for construction of a 43,944 square foot office/warehouse building. Location: Edenvale Industrial Park. (Ordinance No. 29-90 - Rezoning; Resolution No. 90-222 - Authorizing Summary of Ordinance No. 29-90; Resolution No. 90-223 - Site Plan) MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar. Approved 5-0. IV. PUBLIC HEARINGS A. Vacation No. 90-07, Vacation of Right-of-Way for 180th Avenue West, in the Northeast 1/4 of Section 18 (Resolution No. 90-220) Jullie said this public hearing was properly published and mailed to affected homeowners. This was basically a housekeeping item for the Council but a public hearing was required for a vacation. Anderson moved to close the public hearing and adopt Resolution No. 90-220 for Vacation of the Right-of-Way. Seconded by Pidcock. Motion approved 5-0. B. BLUFFS WEST 9TH ADDITION by Hustad Development Corporation. Request for Planned Unit Development Concept Review on 20.46 acres, Planned Unit Development, District Review of 20.46 acres with waivers, Zoning District Amendment within the R1-13.5 Zoning District and Zoning District Change from R1-22 to RI-13.5 on 14.16 acres with Shoreland variances to be reviewed by the Board of Appeals, Preliminary Plat on 20.46 acres into 25 ,single family lots, 3 outlots, and road right-of-way. Location: North of Bluestem Lane and west of Bennett Place. (Ordinance No. 32-90-PUD-11-90 - PUD & Rezoning; Resolution No. 90-226 - PUD Concept; Resolution No. 90-227 - Preliminary Plat) i i City Council Minutes 4 September 4, 1990 Jullie said notice for this public hi- aring wer. maileri to 72 =rr,—rtv owners in the project area and published in the August 16, 1990 issue of the Eden Prairie News. Wallace Hustad, representing Hustad Development Corporation, explained the project. This was for a 20.46-acre parcel of land between Homeward Hills Road and Bennett Place bisected by Purgatory Road. There was a total of 25 lots for two separate projects on one parcel of land. There would be a significant portion of land that would be gifted to the City as part of the plat for open space. Mary McCawley, representing Hedlund Engineering, described the detailed elements of the plat. She described three parcels and said that a .6-acre outlot would be dedicated to the City for trail purposes. On two lots, variances will be needed from the shoreline management standards. Enger said the Planning Commission reviewed this item at its August 13 meeting and approved it on a 6-0 vote subject to plans submitted and recommendations in staff report dated August 10 and supplemental report dated August 29. The August 10 staff report recommended approval of the project subject to the following: (1) Prior to City Council review, the proponent shall provide a tree replacement plan for 952 caliper-inches of trees. A plan had been submitted to place 211 caliper-inches of trees in the 7th and 8th additions and 367 caliper-inches in the 9th addition, with a balance of 585 caliper-inches within given areas. On September 5 Enger had received a plan for the balance of the 585 caliper-inches as boulevard trees in the areas of the Bluffs additions. (2) Develop alternative methods for the control of water run-off and to minimize erosion on steep slopes adjacent to the creek. Staff had suggested several plans. The bluffs were so delicate that roof drain- off could affect them. The suggestion was made for a flat buffer area behind each house so the grade to the creek did not begin immediately in back of the house. The Planning Commission suggested that prior to the second reading some alternatives for stormwater erosion control specific to these types of steep lots be included in the developer's agreement. The proponent had suggested dedication of the creek valley and parts of the creek slope to the City. (3) Construct a five-toot-wide sidewalk along the south side of the east-west street and an eight-foot-wide bituminous trail from the cul- de-sac to the crossing to Purgatory Creek. City Council Minutes 5 September 4, 1990 (4) Prior to building permit issuance, the proponent shall provide evidence of recording of restrictions of the deeds for lots within the shoreland area advising future homeowners of the shoreland ordinance regulations. (5) Prior to grading permit proponent shall stake proposed construction limits for snow fencing and provide erosion control fencing within the graded area. (6) Proponent shall apply for and receive Board of Appeals variances for two lots at the high-water mark and building setback. Lambert said the Parke and Recreation Commission reviewed this proposal at its August 20 meeting and recommended approval unanimously according to the Planning Commission report and recommendations. Anderson asked if most of the deeds have been picked up for the parcels of property along this section of the creek. Lambert said that with the exception of this particular area, the City had most of the deeds. Anderson also expressed concern about erosion on the bluffs and asked about storm sewer in this area. Dietz said storm sewers in Eden Prairie were limited because of the many opportunities for water to drain into creeks or water bodies. In this particular area, a storm sewer system might be installed to run the entire length of the street and stubs could be built so that the homes adjacent W the bluff could hook into them to provide a means to install a catch basin in the back yard.. if necessary. Anderson asked Enger if the damage to the bluffs had been caused by rain this year or because there had been trampling of the underbrush, or a combination of the two. Enger replied that it was a combination of many things and that erosion behind homes was being studied to see if it could be stopped. Homes with steep--pitched roofs caused erosion if there was no back yard. House pads being below the street, hard surfacing in back yards, and removal of natural vegetation were other causes. Anderson asked if the conservancy area was listed in the deeds. Enger said that the City was getting covenants to show the conservancy areas. It would show up on the deed and as a drainage easement on the plat. Erosion on a private lot was the property owner's responsibility. Harris asked if the trail was to be constructed concurrent with the development. Enger replied that this was correct. Peterson asked about the process recommended to inform homeowners of the restrictions was the conservancy area. Enger said that in the conservancy area-the developers had been required to file a covenant ( with the property which the City had written. That covenant ran City Council Minutes 6 September 4, 1990 with the land. In addition, a drainage easement had been required because that was the form of easement the County would accept, and this research would inform a potential buyer of an encumbrance on the lot. Any type of search of the documents for the property would point up the covenant on the lot. Kim Culp, 9896 Purgatory Road, asked Hustad about the location of his lot and how the development out affect his property. Hustad explained the details by using the maps. Re said believed there was an easement toward the back of Culp's lot_ MOTION Harris moved to close the public hearing and approve the first reading of Ordinance No. 32-90-PUD-11-90 for PUD District Review and Rezoning. Seconded by Pideock. Motion approved 5-0. MOTION Harris moved to adopt Resolution No. 90-226 approving the PUD concept. Seconded by Pidcock. Motion approved 5-0. MOTION Harris moved to adopt Resolution No. 90-227 approving the Preliminary Plat. Seconded by Pidcock. Motion approved 5-0. MOTION Harris moved to direct staff to prepare a Developer's Agreement incorporating the Planning Commission and staff recommendations and including the language on stormwater erasion control prior to second reading. Seconded by Pidcock. Peterson asked Enger to write a memo regarding these provisions prior to second reading. Anderson said he would like to have receipt of the deeds for the public land at the time of the second reading. Hustad said that the intention was that the deeds be part of the final plat amd would attempt to coordinate this before final plat. Motion approved 5-0. C. EDEN PRAIRIE ASSEMBLY OF GOD by Eden Prairie .Assembly of God. Request for Comprehensive Guide Plan Change from Industrial and Public Open Space to Church on 32.7 acres, from Industrial to Neighborhood- Commercial on 3 acres, and from Industrial to Office on 2.5 acres, Planned Unit Development Concept Review on 39.21 acres, Planned Unit Development District Review on 32.7 acres with waivers, Zoning District Change from I-General, R1-22 and Rural to Public on 32.7 acres. Site Plan Review on 32.7 acres, Preliminary Plat of 39.21 acres into 4 lots and road right-of-way for construction of a church and other commercial and office uses to be known as Eden Prairie City Council Minutes 7 September 4, 1990 ` Assembly of God. Location: State Highway 5 at Dell Road. (Ordinance No. 33-90-PUD-12-90 - Rezoning; Res©lution No. 90-228 - Preliminary Plat; Resolution No. 90-229 - PUD Concept Amendment) Jullie said notice of the public hearing was mailed to 63 property owners in the project area and published in the August 16, 1990 of the Eden Prairie News. Galen White, representing Eden Prairie Assembly of God Church, explained the reasons for the congregation's need for a new building. Dennis Batty of Batty and Associates, architect for the church portion of the project, showed the Council aerial photos :and drawings which communicated the concepts for the church's 42-acre site at Highway 5 and Dell Road. The building would take place in two phases. The plan included adequate parking for a church that, would seat 3,000 persons in the first phase plus an additional 1,0D0 in the second phase. He explained the plans for organizing traffic flow within the property during the times that the church would be in use. He also explained the plans for a terraced parking lot in the area where berming would not be possible. The building itself would be 85 percent brick with the remainder being metal and glass. It would have 150,000 square feet when completed. The plan was to leave the wetlands intact. Four oak trees would be removed and the a.-ea replanted with 700 caliper-inches of trees. f Darrell Fortier, representing Fortier and Associates, discussed the land and zoning issues and why it was believed Lite changes were justified. The church would own 42 acres of land which it could not afford without subdividing a portion of it for other uses. The current Guide Plan and Zoning divided the land into R1-22 and I- General. He explained with maps and drawings how this plan would work. The residential portion would have about 20 individual lots. He said the plan saw 600 cars a day being generated from the industrial portion, and 1000 from the church. Vi* church would generate traffic during off-peak hours on Sunday mornings and Wednesday evenings. Enger said the Eden Prairie Assembly of God Church requested approval of a Comprehensive Guide Plan change far a two-phase 150,000 square-foot church on 32.7 acres, 3 acres of neighborhood commercial and 2.5 acres of office. Zoning approval for the church only was requested and PUD Concept approval was requested for neighborhood and office uses. A PUD District Review with waivers was requested for building height from 30 feet to 92 feet and front yard setback for parking from 50 feet required to 40 feet along Highway 5. The item was reviewed by the Planning Commission at the July 9, August 13 and August 27, 1990 meetings. Dn August 27 the Planning Commission voted 5-1 to recommend approval of the request based upon the revised plans dated August 24, 19M. Important conditions of the recommendation were: City Council Minutes 8 September 4, 1990 (1) No building could occur until Dell Road was upgraded from Highway 5 to Valley View Road. (2) A transition planting plan between the residential areas to the north and the church property needed to be developed and implemented concurrent with Phase 1. The transition must rely on plant material since it was not possible to build a berm, and an irrigation system would be required. (3) Zoning approval to be granted for the church only with waivers for building height from 30 feet to 92 feet and front yard parking setback from 50 feet to 40 feet. (4) PUD Concept approval to be granted for the commercial and office areas only. Future development of these parcels would require a zoning change and public hearing with Planning Commission and City Council. (5) The Church would return to the Planning Commission and City Council for re-evaluation of parking prior to Phase 2 construction. (6) Building architecture for the future office and commercial areas would reflect a residential character and be compatible in terms of f exterior materials, colors, roof lines and detailing. l (7) A conservation easement to be placed over the drainage utility easement to insure that the wetland area will be preserved in its natural state. Lambert said the Parks Commission had not had a chance to review the proposal. The developer had agreed to construct a trail from Dell Road to the existing trail along the marsh and to the eastern border to their property. Lambert recommended that the developer consider dedicating the marsh to the City for the reason that the City could then insure a long-term preservation of the marsh and preservation of the entire ecosystem. Paul Brown, the attorney representing the Church, said the Church was not aware that the City's policy had been to require the developer to pay for the trail system. There was approximately 1600 feet of trail on the back of the property and it was his opinion that it would be the residents that would benefit from it, and therefore they would ask that the City pay for the construction of the trail. The second issue was that the church wanted to retain ownership of the wetlands. Peterson suggested that the issue go to the Park, Recreation and Natural Resources. Commission before it came back to the Council. Pidcock suggested that a continuance would be appropriate. 't, City Council Minutes 9 September 4, 1990 Anderson pointed out that the marsh in this area did not have wildlife in it until the City raised the water level. In his opinion this would be possible only if the land were owned by the City. Teresa Waters, 18119 Evener Way, spoke about her concern about traffic the church would generate. Traffic was a problem in the neighborhood already as people use Evener Way for a shortcut to the High School, Round Lake, and the Community Center. Also the parking area would destroy their views of the marshland and Mitchell Lake. In addition to the church, the commercial area would also generate more traffic. Ron Harvey, 7335 Hames Way, spoke about the traffic patterns which he considered to be dangerous because of the curve on Hames causing sight difficulty. Pidcock asked if barriers such as had been constructed in South Minneapolis were a possibility. Pidcock moved to continue this itein to the September 18 meeting. Seconded by Tenpas. Motion approved 5-0. V. PAYMENT OF CLAIMS s MOTION ) Anderson moved the payment of claims, seconded by Harris. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". Motion approved 5-0. VI. ORDINANCES AND RES,._OLUTIONS A. BORUCKIADDITION by Jim Borucki. Denial of Preliminary Plat (Resolution No. 90--230 - Preliminary Plat Denial) MOTS Tenpas moved, seconded by Anderson, to deny the Preliminary Plat, Resolution No. 90-230. Motion approved 5-0. VII. PETITIONS, REQUESTS & COMMUNIC,,�ATI )DNS A. Request from R tt u d Development Residents regarding T a`lwa S,vstem on Kimberly Land and Traffic Affectinst Evener Way and Wimberly Lane Jullie said that the residents from the Rottlund Area Subdivision were at the meeting and had two issues: (1) The traffic on Evener Way, and (2) the trail connection from the Rottlund Area to the marsh area. City Council Minutes 10 September 4, 1990 Judy McCorkell, 18223 Evener Way, spoke to the trailway issue. The residents had been told by the builder that they would have access to the trailway system and now have found out that they would not have direct access. Her question was what direction they could take to obtain direct access to the trail. Lambert referred to the map of this area and suggested the following options that were possible. One option would be to talk to Rottlund Homes to see if replatting to allow for an outlot to provide access were a possibility. Another option would be to talk to Donnay Development to see if a connection could be made through these properties. The third option would be for the City to purchase a lot. Anderson asked Lambert to check the options and costs with the Park, Recreation and Natural Resource3 Commission and come back to the Council. He said he would like to see one connection. Pidcock moved to refer this item to the Park, Recreation and Natural Resources Commission for recommendation to the Council at its first meeting in October. Seconded by Tenpas. Motion approved 5-0. Teresa Waters, 18119 Evener Way, spoke to the traffic problems in the area, and expressed her concern because of the number of children in the neighborhood. She cited traffic studies that had been done by the City. She believed a lot of traffic was going from Chanhassen to the Crosstown highway, and about half the people were going over the speed limit. She believed the completion of Dell Road would add to the problems. John EstalI, 7407 Homes Way, expressed his concern about the heavy traffic in the neighborhood. j Peterson asked Dietz what the anticipated daily capacity was for a local street. Dietz replied that Evener was a collector street and was 32 feet wide. It could handle 3000-5000 trips a day, even though this number was not expected. The combined east-west traffic counts for last Thursday were 592 and this was not high for a collector facility. Regarding the concern about it being used as a shortcut, some increase was expected over the next year as the neighborhood developed. However, as Highway 5 was completed, Dietz said he believed Highway 5 would be the choice of most drivers. As the neighborhood filled up, there would be 600-1000 cars-per-day volumes. The road was built for this. In his opinion, stops signs or speed bumps would not alleviate the speed problems. Studies showed that people actually speed up between stop signs so they would not address the safety issue and, in fact, would give people a false sense of security. Enforcement of the speed laws by the Police Department was difficult. s City Council Minutes 11 September 4, 1990 Ts..,..ne. w.+..stc-i •.+. a—e t 1. "local, traffic ra ffS l__h Plus .a...t.a.� uYuc...cv .aib.au6c. that Su4sa as VCa3a a.a QaaLC iJi;1,� k+sua patrolling would help the speed problems. Anderson said he would like to see a recount done after school had begun and patrolling at the times school began and ended. Peterson asked Dietz about Waterford Road which had been used as a shortcut at one time. Dietz said that in this area right turns were prohibited during the morning rush hour traffic and this control had been effective. That option would cut out about 50 vehicles. Any hours longer than that would affect the neighbors' ability to use the street. Peterson said that he saw two things that the Council had agreed upon: (1) To have staff ask the Police Department for increased surveillance in the area, and (2) that staff continue to monitor traffic counts and continue to communicate with residents. Enger pointed out that a single family lot generated 10 average daily trips, so if there were 300 units on Evener Way, this would result in 3000 trips from the neighborhood alone. Teresa Waters said that the problem with speed was not from the residents but from people using Evener Way for a shortcut. MOTION Pidcock moved, seconded by Anderson, that staff study this issue further with any other appropriate agencies, and present the findings and recommendations to the Council in 30 days. Motion approved 5-0. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS. BOARDS do COMMISSIONS A. Revorts_of Councilmembers 1. Signaste Pidcock asked about the status of some signage to be placed in a City right-of-way. Staff responded to her request. 2. R B Appointment Pidcock related that she had been appointed to the Local Officials Advisory Committee of the Regional Transit Board. City Council Minutes 12 September 4, 1990 B. Report of City Manager C. Report of City Attorney D. Resort of Director of Planning E. Report of Director of Parks, Recreation and Natural Resources I. Name for Park Adjacent to Northwest Racquet Club Lambert said that the Parks, Recreation and Natural Resources Commission recommended Pinnacle Park. Pidcock suggested Holasek Hill Park. Lambert said he tied suggested this name but the Parks Commission voted for Pinnacle Park. MOTION Pidcock moved, seconded Anderson, by to name the park Holasek Hill Park. Motion approved 5-0. F. Report of Finance Director G. Report of Director of Public Wor car XI. NEW BUSINESS XII. ADJOURNMENT MQT'ION Anderson motioned to adjourn to an executive session at 10:00 p.m. Seconded by Tenpas. Motion approved 5-0. t The executive session was held to discuss strategy relating to litigation over the proposed expansion of the Flying Cloud Sanitary Landfill. The session adjourned at 10:45 P.M.