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City Council - 09/05/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 5, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILAIEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation&Facilities Bob Lambert,Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item IV. H. HARTFORD PLACE - 1995 AMENDMENT. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY, AUGUST 15, 1995 MOTION: Pidcock moved, seconded by Thorfinnson, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, August 15, 1995. Motion carried unanimously. B. CITY COUNCIL HELD TUESDAY, AUGUST 15, 1995 Tyra-Lukens noted that item B. 1. on page 9 should read "Jullie said Pidcock will not be able to attend ...". MOTION: Case moved, seconded by Pidcock, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, August 15, 1995. .Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BOYCE HOUSE REMOVAL C. RESOLUTION 95-156 SUPPORTING TH 5 IMPROVEMENTS IN CHANHASSEN D. RESOLUTION 95-157 APPROVING FINAL PLAT OF ANDERSON'S IDLEVIEW (located at the Southwest Quadrant of Technology Drive and TH 169 E. RESOLUTION 95-158 AWARDING CONTRACT FOR LIlVIE RESIDUALS REMOVAL, I.C. 95-5389 F. PRESERVE VILLAGE CENTER 2nd Reading of Ordinance 30-95 for Zoning District Amendment in the Community Commercial Zoning District on 9.46 acres, Adoption of Resolution 95-159 for Site Plan Review on 9.46 acres and Approval of a Developer's Agreement for Preserve Village Center by Semper Development located at Anderson Lakes Parkway and C.S.A.H. 18. (Ordinance 30-95 for Zoning District Amendment and Resolution 95-159 for Site PIan Review) G. FUDDRUCKERS, INC.&RIO BRAVO CANTINA 2nd Reading of Ordinance 28-95-PUD-14-95 for PUD District Review on 4.02 acre and Zoning District Change from Rural to C-Reg-Ser on 4.02 acres, Adoption of Resolution 95-160 for Site Plan Review on 4.02 acres and Approval of a Developer's Agreement for Fuddruckers, Inc. & Rio Bravo Cantina by Fuddruckers, Inc. located at U.S. Highway #169 and Technology Drive. (Ordinance 28-95-PUD-14-95 for PUD District Review and Zoning District Change and Resolution 95-160 for Site Plan Review) H. HARTFORD PLACE-1995 AMENDMENT 2nd Reading of Ordinance 26-95- PUD-13-95 for PUD District Review on 4.43 acres, Adoption of Resolution 95- 161 for Site Plan Review on 4.43 acres, and Approval of a Supplement to the Developer's Agreement. (Ordinance 26-95-PUD-13-95 for PUD DistrictReview and Resolution 95-161 for Site Plan Review) Case asked about the timing of item B. Lambert said it will be removed in the next 30 days. Regarding item B, Pidcock said she was sad to see that we wasted $5,000 in architect fees. Pidcock asked if Staff has started a policy to obtain a security deposit for any future rental of City property. 7ullie said we will do that for any future rentals. MOTION: Pidcock moved, seconded by Thorfinnson, to approve Items A-H on the Consent Calendar. Motion carried unanimously. CITY COUNCIL MINUTES September 5, 1995 Page 3 V. PUBLIC HEARINGS/MEETINGS A. LAUKKA-TARVIS DEVELOPMENT by Laukka-Jarvis, Inc. Request for Comprehensive Guide Plan Change to amend the MUSA line, Planned Unit Development Concept Review on 42.2 acres, Planned Unit Development District Review on 15.2 acres, Rezoning from Rural to R1-9.5 on 15.2 acres, Preliminary Plat of 43.2 acres into 48 lots. Location: South of Riverview Road and east of Riverview Drive. (Resolution 95-162 for Comprehensive Guide Plan Change, Resolution 95-163 for PUD Concept Review,Resolution 95-164 for Preliminary Plat and an Ordinance for PUD District Review and Rezoning from Rural to R1-9.5) Peter Jarvis, representing Laukka-Jarvis Development, reviewed the project. He noted there will be 48 lots and 2/3 of the property will be donated to the City. He said a traffic study was done in response to neighborhood concerns, and it determined that there will be minimum impact on the traffic from this type of development. Enger said the Planning Commission reviewed the project at their July 26th and August 14th meetings, and voted approval on a unanimous vote at the August 14th meeting, subject to the recommendations in Alternative I of the Staff Report of August 11, 1995. Lambert said the Parks Commission reviewed the project on August 7, 1995, and voted approval on a 4-1 vote, subject to the recommendations of the Staff Report. He said the Commission approved the park dedication in lieu of cash park fees with the intention to sell part of the dedicated land to the U.S. Fish & Wildlife Service at a later date in order to recoup some cash park fees. They recommended that a sidewalk be placed on only one side of the loop street and that a trail be placed along Riverview Road, with the City to place a temporary trail connection along the end of Mooer Lane to provide neighborhood access to Homeward Hills Park. Pidcock asked what the temporary trail will cost the City. Lambert replied it will be less than $5,000 for the 300 feet of asphalt trail that will be installed. Case asked if the mound management plan comes into effect whether there are artifacts found or not. Pauly said the statute only applies to burial sites. Tyra-Lukens asked about the issue of land donation versus an outlot for the neighborhood. Lambert said this site was one of seven identified as most valuable in Eden Prairie, and we would not want to risk the possibility that the neighborhood association could effect a sale of the property as an outlot. Tyra-Lukens asked if Concord and Riverview are standard streets. Gray said the traffic projected for the streets is well within their capacity. CITY COUNCII. MINUTES September 5, 1995 Page 4 Robert Gertinger, 10326 Concord Drive, said he did not think they are really donating the land since it is not developable. He was concerned about the five- foot setbacks on the property lines, the variances required on property sizes, and jeopardizing safety by increasing traffic on Concord Drive. Rich Crosby, 10366 Concord Drive, was concerned about the increased density since there would be only 20-25 houses in the project if it was developed as the rest of the neighborhood is. Greg Huhler, 12300 Riverview Road, expressed concern about vehicles driven down the bluff area to the west of the project. He asked who will be responsible for monitoring the trailway if it is built. He was also concerned about density and noted that there will be seven homes across the street from his home. Pidcock asked if the property to the west is owned by B.F.I. and what we have done to prevent vehicle traffic in that area. Enger said the property on the top of the bluff is owned by B.F.I. but the property off Riverview Road is private. Dietz said we put some barriers and a gate system at the end of Riverview Road; however, there continues to be four-wheel drive and motorcycle traffic from the top of the bluff. He said we have discussed putting in fencing; however, that is very expensive. Sharon Clements, 10299 Concord Drive, expressed concern about the increased traffic on Concord because it is not wide enough to provide parking on both sides of the street and two lanes of traffic. Case asked if we could propose a road for construction use in order to force traffic to that route. Dietz said it would be possible but would involve enforcement. Wolfgang Schroeder, 10584 Covington Circle, was concerned about the safety of property owners because of the former landfill being within a few blocks of the project. Pidcock noted that the City spent a large sum of money to close the landfill and it has been and will be continually monitored. Schroeder said he thought there should be a limit to the proximity of homes to the sandy area of the bluffs because of the erosion problem. Rick Baker, 11280 Riverview Road, was concerned about the density and the traffic. He asked if the bike trail proposed for the south side of Riverview will be extended to County Road 18, and if the intersection of Homeward Hills and Riverview Road will be a controlled intersection. Lambert said the bike trail is in the long term trails plan but will not happen until Riverview Road is upgraded, at which time it will be extended out to County Road 18. Dietz said they have not studied the intersection but Homeward Hills will probably tie into Riverview Road. Baker said he thought there should be a three-way stop sign at that intersection. CITY COUNCIL MINUTES September 5, 1995 Page 5 Randy Hoyt, 10339 Concord Drive, was concerned about safety at the bus stops, especially with icy conditions on Concord at Homeward Hills Road. He was opposed to the density increase. Laurel Bluml, 10540 West Riverview Drive, was concerned that the traffic study did not include anything other than counts. She said the traffic issue concerns counts and the speed of traffic. She was also concerned about the tree replacement including the floodplain and the bluffs slope, not knowing what part of the property is buildable, the higher density next to the existing R13.5 neighborhoods, and the waivers required for the higher density. She said she talked to U.S.F.W.S. and nothing has been approved. They are doubtful that it will be. She was concerned about the loss of cash park fees, the loss of property tax revenue from the dedicated land, and the possible uses for the preservation area and the refuge property. Joe Franzen, 10376 Englewood Drive, was concerned that there is one landowner who wants rezoning and many who don't. He had a problem with the traffic study statistics. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried unanimously. Tyra-Lukens asked Staff to explain how the density was determined and asked if the proximity to the power lines and the steepness of the slope was considered. Enger said that, while there would be a problem developing on the slope, there is no ordinance that prohibits development there. He said that the assumption for the project is that development on the steep bluff slope would be less desirable than clustering the homes up on the flat area of the property. He said the easements for the floodplain and the power lines cannot be developed. Pidcock noted that the Council has had various discussions on the desirability of keeping the bluffs as free of development as possible. Thorfinnson asked what the amount of cash park fees would have been. Lambert said it would be in the neighborhood of$1,000 per unit. Thorfinnson then asked why it is more desirable to keep the homes off the face of the bluff in this project than it was for Walnut Ridge. Enger said we didn't have the opportunity to keep the units off the bluff face at Walnut Ridge because we had to deal with the proposal as it was brought to us. Tyra-Lukens asked about development on the property to the west. Enger said that property is mostly slope; however, the flat spot at the top has platted lots from 15 years ago. He said he did not know what the development plans are for the property. CITY COUNCIL MINUTES September 5, 1995 Page 6 Case expressed concern about the large number of homes proposed for this project; however, he thought that if we do not approve the project, we will have another plan that will have homes built down the bluff. Tyra-Lukens said she did not think the traffic issue is the main one as the traffic will not be any worse than other streets in Eden Prairie. She liked the plan off the bluffs and the additional option for housing that the project provides She was concerned about the level of density at the end of the street because it is inconsistent with the character of the bluff. Thorfinnson was concerned about the loss of cash park fees. He did not think traffic is the main issue since there are areas that are much busier than this. He thought the density transfer issue is a trade-off that needs to be made. MOTION: Pidcock moved, seconded by Thorfinnson,to adopt Resolution 95-162 for Comprehensive Guide Plan change; to adopt Resolution 95-163 for PUD Concept Review; to adopt Resolution 95-164 approving the Preliminary Plat; to approve 1st Reading of an Ordinance for PUD District Review and Rezoning; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and with the additional conditions that construction traffic access be provided and satisfactory erosion control be provided. Motion carried 4-1 with Tyra-Lukens opposed. Pidcock asked Staff to see if a three-way stop sign at Riverview Road and Homeward Hills Road would be appropriate. B. PROPOSED ISSUANCE OF$6,000,000 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ANAGRAM INTERNATIONAL PROTECT (Resolution 95-165) 7ullie said Anagram International has requested issuance of$6 million of Industrial Development Revenue Bonds to purchase manufacturing equipment for its facility on Anagram Drive. The proposal is consistent with State of Minnesota criteria. Such bonds are not General Obligations of the City, but would be repaid by Anagram. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing and to adopt Resolution 95-165 giving preliminary authorization for the issuance of $6 million of IDRBs for Anagram International. Motion carried unanimously. CITY COUNCIL MINUTES September 5, 1995 Page 7 VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Pidcock, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson. Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. Resolution Adopting 1996 Proposed Tax Levy & Accepting 1996 Proposed Budget 7ullie said that, pursuant to the Council's budget meeting on August 31, a Resolution has been prepared which certifies the proposed 1996 net property tax levy, sets the dates for the Truth In Taxation public hearings, and accepts the proposed 1996 Budget. The Council must adopt a Resolution establishing the maximum 1996 property tax levy by September 15, 1995. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 95-166 certifying the proposed 1996 property tax levy, setting the dates for Truth In Taxation hearings, and accepting the proposed 1996 Budget. Motion carried unanimously. VHI. PETITIONS. REQUESTS AND COMMUNICATIONS A. Request from Stephen & Kimberly Niosi to approve Variance 95-23 denied by Board of Adjustments and Appeals 7ullie said the Niosi's have requested that the Council review the decision by the Board of Adjustments & Appeals to deny variances which would be needed to construct a house on their property at Eden Prairie Road and Flying Cloud Drive. He said the Niosi's have prepared a revised plan for the driveway since the project was reviewed the Board of Appeals; however, the lot is 1.23 acres and a five-acre minimum is required for single-family dwellings in this area. Perry Ryan, representing the Niosi's, reviewed the process they went through with the Board of Appeals and described the revisions they have made to the position and grading of the driveway since their appeal. Dietz said Staff has not had time to completely review the revisions to the grading plans; however, it does appear technically possible to get the sight distances desired. He said they would want space for a turnaround since they would not want cars backing out onto the road. Stephen Niosi said they have owned the property for eleven years and were told by the City that it would be a buildable property. He said they are willing to dedicate a portion of property or grant an easement to the City. CITY COUNCIL MINUTES September 5, 1995 Page 8 Dean Edstrom, 10133 Eden Prairie Road, said he owns the lot to the east. Referring to his letter of July 13th to the City, he reviewed his opposition to granting the variance on the Niosi property. The zoning on the property is rural and the minimum for building on such property is five acres. He was concerned about setting precedence if the variance is granted, about the bluffs and the composition of the soil in the area that poses problems for grading and excavation for the house, and the fact that Eden Prairie Road is a dangerous road no matter what the sight lines are for the driveway. Tyra-Lukens asked when the City Code went to the five-acre minimum. Pauly replied that it was November of 1969. Tyra-Lukens noted that means the code was in place when the property was purchased by the Niosi's. Case said he was concerned about the issue of precedence if a variance this extreme is granted. He asked when we anticipate the MUSA line to be extended to this point. Enger said we do anticipate that it will be extended to this point; however, it could be another five to ten years. He said Staff tried to find similar situations in the City and could find none that were even remotely similar to this one. Pidcock said that, while she sympathizes with the Niosi's situation, she had a problem dealing with the fact that the property was purchased as 1.2 acres when the zoning required a five-acre parcel to build on. Karen Niosi said they were told by the City that that is why we have variances. Harris said it is a difficult situation and she is concerned about the sight lines, the turnaround and the absence of sufficient space for parking. Thorfinnson said he was concerned that the MUSA line might never get down to this area. Tyra-Lukens said she is concerned about precedence and she didn't want the message to get out that people can buy substandard parcels and then come to the Council for a variance. MOTION: Pidcock moved, seconded by Thorfinnson, to affirm the decision by the Board of Adjustments & Appeals and to direct Staff to prepare findings and return them to the City Council. Motion carried unanimously. B. Request from The Trails Association Robert Kern, representing the Trails Association, reviewed their request that the City take over ownership of the trail through their association or that they be given permission to eliminate the trail. He said their development started out as 250 units and the City was intended to get a certain portion of the trail through the development. CITY COUNCIL MINUTES September 5, 1995 Page 9 Lambert said the intent of the developer was to build the trail in pieces and then to dedicate it to the City; however, only the first phase was built and the trail was not dedicated. He would like to have the Parks Commission evaluate this and determine what the costs would be to the City to take over the trail, to improve it and to connect it to another trail. Pauly said the City does not have any authority to spend funds on a private property, so it would be necessary to acquire a property interest. Harris said she has a long-standing interest in linking the City by trails and parks so she would like to have the Commission check into the issue and return with recommendations. Case said if we do this for the Trails, the Preserve will come and ask us to take over their trails, which would be a much bigger issue. Case shared concern that the Preserve residents would have the power to abolish their trails and the City would not have any control. Any possible acquisitions by the City would be not only positive but essential to preserve the integrity and continuity of the Eden Prairie Trail system. Kern said they are concerned about the liability issue because of uninvited use and traffic through their property. MOTION: Pidcock moved, seconded by Case, to direct the Parks, Recreation & Natural Resources Commission to review the request by The Trails Association. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. human Rights & Diversity Commission - Diversity Training for Board/Commission Members Jullie said the Human Rights & Diversity Commission wishes to provide board/commission members and persons serving on City advisory groups with diversity training. All current members would have the 2-part training this Fall; thereafter, newly-appointed members would have diversity training included in their orientation activities. MOTION: Pidcock moved, seconded by Tyra-Lukens, to provide all current and future board/commission members with the opportunity to attend diversity training workshops. Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES September 5, 1995 Page 10 B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for Atherton Townhomes Drainage and Olympic Hills Golf Course Drainage, I.C. Nos. 93-5332 and 95-5391 (Resolution 95- 167) Dietz reviewed the results of the bids received for this project. He said Staff recommends awarding the bid to F. F. 7edlicki, Inc. He said the costs will be funded by the storm water utility fund. MOTION: Pidcock moved, seconded by Tyra-Lukens to adopt Resolution No. 95-167 awarding the contracts for I.C. Nos. 93-5332 and 95-5391 as recommended by the staff. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:55 p.m.