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City Council - 11/17/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 17, 1992 IMMEDIATELY FOLLOWING HOUSING&REDEVELOPMENT AUTHORITY MEETING CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCH AEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock 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, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:45 p.m. All members were present. • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.I. Cable Television Consumer Legislation, and X.A.2. Recommendations for Appointment to Metropolitan Council District 13. Harris added Item X.A.3. Truth in Taxation Statements. Jessen added Item X.A.4. City's Position on Legislative Platforms of Member Organizations. Jullie added Item IX.B.2. Request for Student for Appointment to Parks, Recreation, and Natural Resources Commission. MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY. NOVEMBER 3, 1992 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the November 3, 1992, meeting as submitted. Motion carried unanimously. M. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 37-92, Amending Chapter 2, Section 2.30, Changing Name of Planning Department to Community Development Department 0 C. Resolution No. 92-243 Approving Final Plat of Bluffs West llth Addition (located west of Purgatory Creek on the South Side of Wild Heron Point) City Council Minutes 2 November 17, 1992 D. Approve Change Order No. 1 for Braxton Drive, I.C. 52-189A • E. Resolution No. 92-244 Approving an Amendment and Consent for Refinancing of the Minnesota Industrial Tool Municipal Industrial Revenue Bonds (Richard Cohen Project) F. PETFOOD WAREHOUSE by Prairie Entertainment. 2nd Reading of Ordinance No. 43-92-PUD-8- 92, Amending the Zoning District in the C-Reg-Ser on 6.42 acres; Approval of Developer's Agreement for Petfood Warehouse; Adoption of Resolution Authorizing Summary of Ordinance No. 43-92-PUD-8-92 and Ordering Publication of Said Summary; and Adoption of Resolution Approving Site Plan for Petfood Warehouse. Location: Eden Place Center (Ordinance No. 43-92-PUD-8-92, Amending the Zoning District in the C-Reg-Ser District; Resolution No. 92-245 Authorizing Summary and Publication; Resolution No. 92-246 for Site Plan Review) G. MCI Reimbursement Agreement (Dell Road Railroad Bridge Project) MOTION: Harris moved, seconded by Pidcock, to approve items A. - G. of the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS A. Review Design of Anderson Lakes Parkway Improvements between CSAH 18 and Franlo Road This item had been continued from the October 6, 1992 Council meeting to allow for notification 00 a larger number of residents about the pending changes to the Anderson Lakes Parkway/County Road #18 intersection and to allow for additional research by City Staff. Gray reviewed the plans in detail, noting that the intersection could be compared, by volume of traffic, to the intersection of Highway #5 and Prairie Center Drive at the Rainbow Food Center. He explained the improvements proposed for each intersection with Anderson Lakes Parkway west of County Road #18 to Preserve Boulevard, noting existing traffic volumes in each location . Councilmembers raised questions regarding the following: Whether a signal was planned at Garrison Way; Whether traffic might shift to other roads when such roads were upgraded, such as Highway#212 or County Road #1; How traffic volumes were spread out during the day; Whether an overpass at the intersection of County Road #18 and Anderson Lakes Parkway would be constructed in the future and how many additional acres would be needed to construct an overpass; How the upgraded Anderson Lakes Parkway would compare to the east-bound road in� Bloomington; City Council Minutes 3 November 17, 1992 • The timing of any upgrade planned for County Road #1; Any plans for changing the speed limit on Anderson Lakes Parkway; Whether it would be necessary to expand Anderson Lakes Parkway to four lanes west of Franlo Road; and, Plans for the trail connections to the adjacent parks, particularly Hyland Park in Bloomington. Gray explained that a signal was not planned, nor deemed necessary, at Garrison Way at this time, and that he did not believe a signal would be warranted at this location in the future. However, Franlo Road may be a candidate for a signalized intersection in the future. Gray said that traffic may shift to other roads such as Highway #212 or County Road #1 at such time as those roads were upgraded in the future. He explained that there was a greater traffic volume at the intersection of Anderson Lakes Parkway and County Road #18 than at the intersection of Anderson Lakes Parkway and Highway #169 to the west. Peak hours of traffic were from 7:00 - 8:00 a.m. and from 5:00 - 6:00 p.m., and represented approximately 10% of the total daily traffic for the intersection. With respect to future design of the intersection, Gray explained that it was possible that an overpass • designed as a diamond intersection would be needed to handle the traffic volumes. Approximately four additional acres of land would be required to construct a diamond interchange in this location. Regarding the design of the east-bound road into Bloomington, Gray stated that the road was a "mirror image" of the design proposed for west-bound Anderson Lakes Parkway, a four-lane, island- separated road, with turn lanes at intersections. He noted that the Metropolitan Council would likely classify both roads minor arterials. Gray said that the timing of the upgrading of County Road #1 would depend on the timing of the remaining development in the area. He also reported that the county expected the existing speed limits to remain the same after expansion of Anderson Lakes Parkway. As for the potential for Anderson Lakes Parkway to be constructed as a four-lane road west of Franlo Road, Gray explained that the traffic counts and trip generation information did not indicate that this was necessary since west-bound traffic volumes dropped significantly at this point. An interconnection of trails had been part of the overall plan for the area since the earliest review of the proposal, according to Gray. The timing of the connections was not known, however. Mayor Tenpas declared a recess at 8:55 p.m. The meeting was reconvened at 9:05 p.m. A large number of area residents attended the meeting. Those who spoke against the proposed • expansion of the intersection and against the widening of the road east of County Road #18 included: Kevin Fox, 10560 Glen Smith, 8938 Hidden Oaks Drive; Pat Griswold, 10541 Lake Fall Drive; Julie Sampson, 9530 Risewood Circle; Sandy Kusek, 9041 High Point Circle; Keith Gettelman, 8851 Hidden Oaks Drive; Debbie Gjervold, 9965 Garrison Way;Mark Romo, 9111 Neill Lake Road; Deb City Council Minutes 4 November 17, 1992 Hart; 9150 Neill Lake Road; Norbert McCrady, 10520 Lake Fall Drive; Carla Matyasz, 9195 Talua• Circle; Amy Krueger, 9310 Flyway Circle; Guy Wegner, 10521 Lake Fall Drive; Bill Johnson, 9251 Amsden Way; and Tony Law, 10680 Lake Fall Drive. No one present spoke in favor. Issues raised by the residents included: Whether a need had really been established for the upgrading of the intersection as many found it acceptable as currently designed or in need of much less improvement and expansion than proposed; Concern for the safety of children walking along the roadway or trying to cross the upgraded road; Whether the budget for the project had considered tree replacement of the large trees which would be removed by construction of the improvements; How much of the park land would be purchased from the Hennepin County Park Reserve District; The impact of the upgraded road on the quality of life in the Preserve area; The impact on the existing commercial area in the southwest quadrant of the intersection; and, The impact on the environment. • Letters were received from the Preserve Association, 11111 Anderson Lakes Parkway, stating its concern about the impact of the expansion on the quality of life in the Preserve, and from Rod Sill, 11339 Windrow Drive, stating that he was in favor of the proposed expansion. Suggestions for amendment of the plan included: beginning the tapering of the road at Garrison Way, instead of Amsden Way so the road would remain two lanes wide west of Garrison Way; walkways for pedestrians should be as far away from the main road bed as possible for safety purposes; underpasses or overpasses constructed under or across Anderson Lakes Parkway for safer pedestrian access. In response to questions raised by residents, Gray stated that there would be 15 acres of park land removed from the park by the expansion, but that 17 acres of land would be added to the park in another location. Councilmembers agreed that additional information was needed about when an elevated intersection was planned for construction, when trail connections were planned to be constructed, and what the process would be to amend the Environmental Impact Statement. Council directed Staff to revise plans for the intersection which would reflect the following changes to the design: a grade-separated intersection at Anderson Lakes Parkway and County Road #18; location of trails adjacent to Anderson Lakes Parkway; connection of the trails to the parks north os Anderson Lakes Regional Park; planned underpasses or overpasses for safer pedestrian crossing o Anderson Lakes Parkway; elimination of the "pigtail" frontage road along the south side of Anderson City Council Minutes 5 November 17, 1992 • Lakes Parkway near Garrison Way; and the location of the entrance and parking areas for the Nature Center within Anderson Lakes Regional Park. Council also directed Staff to provide copies of the revised plans to the residents and to renotify them as to when the revisions would be presented to the City Council. B. SUBURBAN CHEVROLET by Metropolitan Corporation for a Planned Unit Development Concept Review on 16.2 acres, Planned Unit Development District Review on 16.2 acres with waivers, Zoning District Amendment within the C-Reg-Ser District on 16.2 acres and Site Plan Review on 16.2 acres. Location: Southeast corner of Valley View Road and Plaza Drive. (Resolution No.92-247 for PUD Concept Review; and Ordinance for PUD District Review and Zoning District Amendment) Mr. Herb Margolis, proponent reviewed the proposal, noting that the main difference between it and the 1991 plan was that the current plans showed demolition of the existing building and construction of four separate interconnected dealership buildings. The new proposal also included NURP pond. Enger reported that the Planning Commission considered this proposal at its October 26th and November 9th meetings and recommended approval subject to the recommendations made by staff. There were no comments from the audience. • MOTION: Harris moved, seconded by Pidcock, to: 1) Close the public hearing; 2) Adopt the Resolution No. 92-247 for PUD Concept; 3) Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendments; and 4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye." VI. ORDINANCES AND RESOLUTIONS •VII. PETITIONS, REQUESTS AND COMMUNICATIONS City Council Minutes 6 November 17, 1992 A. Variance Request 92-19 by Michael &Jill Shavlik,7353 Williams Lane, to allow an 11 foot fron� yard setback for a deck facing Williams Lane (a 25 foot setback is required) and a 11.5 foot setback to the private access drive for the same deck (a 15 foot setback is required) On October 8th, the Board of Appeals & Adjustments denied a request by the Shavliks for setback variances to construct a deck on their house at 7353 Williams Lane, a cluster lot in the Apple Groves subdivision. The proposed deck would require an eleven-foot setback. The Shavliks explained their request and discussed other variances approved by the City which they believed to be similar in nature to their own. Councilmembers discussed a recent communication from the Board of Appeals wherein members expressed concern about this exact type of variance request - decks in residential areas with very little setback area available for construction. They concurred that it would be appropriate to review this specific issue with the Board, perhaps at a joint meeting, in order to find a better solution to a recurring problem. Jullie said he would make contact with the Board and report back to the Council. Regarding the type of request, Councilmembers enumerated several considerations including: the original purpose for the R1-9.5 zone to meet the needs of the community for starter housing by providing smaller lots; the size of the structures proposed with respect to adjacent structures; concern for setting a precedent in the small-lot neighborhoods which may have a negative impact overall; the desirability of people wanting to upgrade their homes; confusion created by varying criteria fo granting variances in these situations; and, the possibility for controlling the problem at the initia� stages of construction on a lot or during preliminary plat review to "design out" the problem of little or no expansion area on a lot. Enger stated that most residential lots within the R1-9.5 zone were designed with enough room for a modest-sized deck or no deck at all. Another problem encountered by Staff was that even though the building plans were in compliance with setback requirements when reviewed by Staff, the setbacks were not met during actual construction. He believed decks would continue to be a problem for the City in the future. Council directed Staff to prepare a study of decks addressing the concerns raised for review at a future meeting. MOTION: Jessen moved, seconded by Harris, to continue the Shavlik request to February 2, 1993, pending review of the deck issue with the Board of Appeals and City Staff. Motion carried unanimously. B. Request from the Chamber of Commerce Economic Growth Committee for City Support for Freeway Signage for the Eden Prairie Market Center John Brand, President of the Chamber of Commerce explained the request from the Chamber's Economic Growth Committee for the City to participate in a jointly authored letter to the Minneso Department of Transportation regarding provision of better freeway signage to the Eden Prairi Market Center area. City Council Minutes 7 November 17, 1992 • MOTION: lessen moved, seconded by Pidcock, to endorse the letter to the Minnesota Department of Transportation regarding better freeway signage to the Eden Prairie Market Center area. ?'lotion carried unanimously. VM.REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMN TTEES IX. APPOD1TMENTS A.Request for Student for Appointment to Parks, Recreation. and Natural Resources Commission 7ullie explained that a student had requested appointment as a Student Representative to the Parks, Recreation, and Natural Resources Commission. Councilmembers asked that the student be asked to attend a Council meeting prior to appointment to the Commission. X. REPORTS OF OFFICERS A.Renorts of Councihmembers 1. Cable Television Consumer Legislation Pidcock reported that she had sent a letter to the Council regarding the cable television consumer • act recently approved by the federal government and that she believed it was important that the Council and residents be informed about the new law. 2. Recommendations for Appointment to Metropolitan Council District 13 Pidcock stated that an appointment would be made soon for the District 13 Metropolitan Council Seat, the district which included Eden Prairie. She noted that Dirk DeVries, the current member, was not seeking reappointment. Pidcock said that interviews were scheduled for November 19, 1992 at the St. Louis Park City Hall and that Councilmembers should encourage any potential candidates from the City to be present. 3. Truth in Taxation Statements Harris expressed concern about the Truth in Taxation Statements recently received by all land owners in Eden Prairie. She stated that she believed the citizens should understand that the City's spending increased by only 1.2%. 7ullie said he would include an article explaining this in the next community newsletter. 4. Citv's Position on Legislative Platforms of Member Organizations lessen pointed out that the City had not followed through on review of the legislative platform review of the League of Minnesota Cities, the Municipal Legislative Commission, and the • Association of Metropolitan Municipalities. He believed it was important to be more systematic about review and follow-through for these matters. Councilmembers concurred. City Council Minutes 8 November 17, 1992 B.Report of City Manager • 1. Status of City's Position regarding Flying Cloud Airport Expansion Enger explained the background information sent to the Metropolitan Council regarding the City's position against the expansion of the Flying Cloud Airport. Councilmembers agreed to contact members of the Metropolitan Council directly to explain the City's opposition to the expansion. The Council scheduled a workshop meeting for December loth at 7:30 p.m. at City Hall, to discuss the details of the City's position, to consider the possibility of hiring a consultant for the issue as was done for the landfill, and to discuss the City's presentation to the Metropolitan Council on this matter. Council.directed the City Attorney to investigate the legislative history involved with the issue and asked Staff to postpone a December 8th meeting scheduled with the Metropolitan Council until after the workshop. Staff was also directed to contact the Zero Expansion group and invite them to the workshop meeting. Scott Mace, 16150 Valley Road, a member of Zero Expansion, said that the group's attorney had advised them to move quickly on this issue and that a consultant would be an important component of any presentation to the Metropolitan Council. XI. OTHER BUSINESS XH. ADJOURNMENT • MOTION TO ADJOURN was made by Anderson, seconded by Pidcock. Mayor Tenpas adjourned the meeting at 11:25 p.m. •