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City Council - 03/05/1985 C APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 5, 1985 7:30 P.M. SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger. Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: X . B. 1. Proposed. Changes in the Fitness Program for Employees. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published Motion carried unanimously. II . MINUTES A. Minutes of City Council Meetingh eld Tuesday, January 8 1985 Page 6, line 8: change "Purgatory" to "Nine Mile Creek" MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, January 8, 1985, as amended and published. Motion carried unanimously. t III . CONSENT CALENDAR A. Clerk' s License List B. Resolution authorizing preparation of Feasibility Report Receiving Reports and Setting Public Hearing for April 2, 1985, at 7;30 p.m. , for Preserve Boulevard Improvements between Prairie Center Drive and Anderson Lakes Parkway, I .C. 52-071 Resolution No. 85-68 City Council Minutes -2- March 5 , 1985 C. 2nd Reading of Ordinance No. 6-85, changing the name of Birch Island Road between Edenvale Boulevard and County Road 67 to Indian Chief Road D. Final Plat approval for Scenic Heights West (Resolution No. 85-70) s E. Final Plat approval for Ashland Oil Addition (Resolution No . 85-71) i F. Advertise for bids for final phase of Staring Lake Bike Trail G. Approval of contract for services for Cummins/Grill Project H. ROBERTS LITHO by Hot Development. 2nd Reading of Ordinance No. 5-85, zoning istrict change from Rural to 1-2 Park on approximately 4.7 acres ; approval of Developer' s Agreement for Roberts Litho, and adoption of Resolution No. 85-67, approving Summary of Ordinance No. 5-85 and ordering publication of said Summary. 42,500 square foot office/warehouse building. Location: south of Highway 5, west of Mitchell Road at Technology Drive. (Ordinance No. 5-85 - rezoning from Rural to I-2 Park and Resolution No. 85-67 - approving f, Summary and Ordering Publication) I . Vacation Valley View Road Riqht-of-Wa ' Edenvale 4th Addition (Resolution No. 85-73 J. Final approvalof Housing Revenue Bonds in the amount of $9 :650 0O0.00 for Eden Commons C asewoo Resolution No. 85- 4 K. "No Smoking" Policy at Community Center _ MOTION: Bentley moved, seconded by Redpath : to adopt items A - K on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. RESEARCH FARM ADDITION by Northrup King. Request for Comprehensive Guide Plan Amendment' from Sports Center, Low Density Residential and High Density Residential to Regional Commercial , Office, Industrial , and Multiple Resi- dential , for 189+/- acres. Location: west of Highway 169 at Anderson Lakes Parkway. (Resolution No. 85-53 - approving Comprehensive Guide Plan Amendment) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jul l i e also noted the Planning Commission has recommended approval based on Alternative #i3 of the Planning Staff Report dated January 22, 1985, and subject to additional amendments and additions as detailed on page 7 of the February 11 , 1985, Plan- ning Commission Minutes. Edward Roessler, Northrup King, reviewed the background of the project. He also read a letter from Northrup King to Mayor Wolfgang Penzel dated July 18, 1984, regarding the construction of Anderson Lakes Parkway. He also noted a letter dated December 7, 1984, to the Mayor and City Council regarding the impact of the construction of Anderson Lakes Parkway on the sale of this property. City Council Minutes -3- March 5, 1985 Dick Putnam, Tandem Corporation, addressed the request. Also present were Dick Putnam, Tandem Corporation, and Mitch Wonson, Benshoof and Associates. Wonson addressed the traffic concerns. Director of Planning Enger stated this request had been reviewed by the Planning Commission at several meetings; he reviewed the proposals which had been considered by the Planning Commission. Enger noted that an in- dustrial proposal had been recommended for denial by the Commission and the request was subsequently withdrawn (action taken at the November 13, 1984, meeting of the Planning Commission. ) The Commission meeting held February 11, 1985, was a combination of information gathering and exploration of what might be best for the site. At that meeting, the Commission indi- cated it felt strongly that the plan shown by the proponent was not good for the City. The Planning Commission recommended office use along TH 169 with a combination of medium and low density housing along Purgatory Creek. Enger explained that the Commission did not wish to deny the proponents ' plan tut rather wanted to make a recommendation as to what it wanted on this site. Enger called attention to a memo dated March 5, 1985, from Planning Staff to the City Council . Enger stated the Planning Commission had voted to recommend approval of a Comprehensive Guide Plan change at its meeting on February 11, 1985, as per alternative #3 as amended. He said the Commission would like to have a design framework manual for this area to further control office and commercial development. Enger stated the Planning Commission does want to see office zoning in this area and not office/service, office/warehouse, etc. The Commission would also like to see the City maintain a great deal of control regarding the development in this area. Director of Community Services Lambert indicated the Parks . Recreation & Natural Resources Commission had reviewed this request at its meeting on December 17, 1984, at which time two points were raised; 1) the sports complex designation on the Guide-Plan in the area north of the Vocational Technical Institute should be removed; and 2) the City should request dedi- cation of the west side of Purgatory Creek with the east side being pro- tected via a scenic easement. Lambert noted the proponent had agreed to that. Lambert stated the March 4, 1985, meeting of the Commission had been cancelled due to the snow storm; the Commission had intended to look at this plan in more detail at that time. Redpath said he had always looked upon this property as being divided into thirds by usage; he said he felt alternate #3 accomplished that. Anderson said he felt this was a very visible piece of property. He noted that this was very visible from the Staring Lake Park Shelter; what the residents of Eden Prairie have to look at becomes very important. Ander- son asked if it would be possible for the City to acquire both sides of the Creek ; he said he felt it would be in the best interests of the City to do so. Lambert said there is a need for cash park fees to build parks in this area and rather than the fees, the City might have to accept the property instead via a density transfer or as a gift, Lambert also said he would not encourage use of the sides of the Creek because of the steep- ness of the slope. He said the recommended dedication and scenic easement appeared to be the best alternative . City Council Minutes -4- March 5, 1985 Peterson asked Putnam if a compromise could have been reached with the Planning Commission. Putnam said that Northrup King will do what the City Council determines is best. Putnam indicated they did not agree with the alternative's presented by the Commission; they felt the City Council would come up with something they wou 1 d find acceptable. Y Bentley asked what the basis was for not approving high density residential on the northern-most portion' of the site. Enger indicated the Planning Commission felt it wanted to see more of a spread in the density. Bentley said he would like to see the northeastern portion of the site locked-in to pure office. He said he felt the commercial site as indicated would be compatible with that planned for the area across TH 169. Bentley said the area south of Anderson Lakes Parkway has areas in which the densities are scaled down; he said he did not know if low density would be appropriate in that area. Bentley expressed concern regerdi ng the industrial use and hew it is transi ti oned; he felt there should be a transition zone further to the west. Dave Bowers, 15800 Valley View Road, said there seems to be a lot of land already set aside in Eden Prairie for offices which have not been built. " He said there is a need for hotels and restaarants which would support the residential community which is already here and which would be used by those passing through the City. Bentley noted there is land designated regional commercial in the Major Center Area which will eventually be developed as restaurants and hotels. There was discussion as to the alternatives before the Council and what the ramifications of each would be. Anderson said he was open to suggestions however he did not wish to see a mixture of uses on this site. Bentley said he felt the property should be dealt with in one piece as far as the change in the Guide Plan was concerned. Bentley said he would like to see this request continued. Redpath said he would rather not see an industrial area included; he called attention to the fact this is a concept. Pidcock asked how many resi.dentfal units were included. Putnam said there would be between 750 and 900 units which was quite close to the plan proposed by the Planning Commission. Enger reviewed the relationship between the need for housing and the number of jobs created by types of uses based on industrial , commercial , etc. and the impact this has on a community. Bentley said he did not feel Eden Prairie could be looked at as "an island unto itself. " Enger said, according to a recent study undertaken by the Planning Staff, the total population for Eden Prairie will be 70,000 and this will be reached by 2025. Bentley said he did not feel what the Planningi Commission had requested and what the proponent is requesting are very different; a compromise should be able to be realized. City Council Minutes -5- March 5, 1985 MOTION: Redpath moved, seconded by Anderson , to continue action on this item to the March 19 , 1985, Meeting of the City Council . Motion carried unanimously. 5 B. FEASIBILITY REPORT, VALLEY VIEW ROAD IMPROVEMENTS BETWEEN MITCHELL ROAD AND CSAH 4, I.C. 51-272 Resolution No. 85-72 a i City Manager Jullie stated notice of this Public Hearing had been published and property owners listed on the preliminary assessment roll had been notified. Director of Public Works Dietz addressed the report. Redpath asked if the City had explored with the railroad company some way to get the railroad to go alone with the construction of the bypass. Dietz said the railroad company will not contribute to the bridge with- out legal action on the part of the City it claims this is a City problem. Redpath noted that over the years the residents of the Kings Forest area have expressed their displeasure with Valley View Road and he wondered if they might be included in the assessment area. Dietz said this had been looked into; the direct benefit would be hard to prove for these residents . Redpath asked as to how this project will be coordinated with the plans for TH 5 and the Crosstown since both of those project will be underway soon_ Dietz said a shoe-fly would be built to act as a bypass for the train traffic which now uses graffiti bridge. Peterson asked what provisions will be made for pedestrian traffic. Dietz said there will be an 8' hikeway/bikeway on one side of the road and a 5' concrete sidewalk on the other side. Pidcock said she would like to see the assessment area enlarged; she felt it would be of benefit to the whole area. Anderson raised the same point. City Attorney Pauly stated that the City can only assess those benefitted -- the special benefit goes to the property. The test of the assessment is based on the market value before and after the improvement. Pauly said , from a practical point of view. the area-wide approach is not valid. Redpath said there is no question but that the road must be fixed. He said he thought the issues with the railroad company should be explored further. Samuel H. Hertogs , attorney representing Edenvale Golf Club, said they would like to have an underpass so that golfers/carts can have safe access to the clubhouse from the back-nine holes of the golf course. He also indicated the Golf Club would like to be hooked up to Ci ty's sanitary sewer system. Hertogs noted the problem facing the owners with the water in the Creek. He said they would eventually like to have a restaurant in the existin4 clubhouse; this would necessitate staying open year round. J City Council Minutes -6- flarch 5, 1985 Dietz said the cost of a double underpass would be about $120,000. He said Staff and the Public Safety Department have concerns regarding vandalism and crime in underpasses. This could be mitigated be installing gates at each end of the underpass. Dietz said the sanitary sewer ques- tion will be looked into as to availability. He noted that the flooding of the golf course was planned as temporary holding ponds. i David Seig, 7353 Franklin Circle, expressed concern about the 5' side- walk shown on the north side of Valley View Road. If this were to be built, it would remove a row of lilacs which are on his property and provide screening from Valley View Road. He asked how many Valley View Road residents had requested this improvement.Seig said the bikers do not use the present asphalt path which is on the south side of Valley View Road, He said he does not 'want to see these improvements voted in. David Bowers, 15800 Valley View Road; said the assessments are less than he thought they would be. He said he did not feel that Valley View Road should be improved before the improvements are made to TH 5 because this will turn Valley View Road into a major thoroughfare while TH 5 is undEr improvement. He said he felt the City's timing was wrong in this case. Bentley said that issued had been discussed at length by the Council at various times . Bentley said the State keeps delaying the time schedule for the TH 5 improvements; since the City has no jurisdiction over the time schedule for State projects , it must take care of its own system which is what this will do. Dietz said the State has been changing the time lines on TH 5; this year the State will let bids for redoing the surface -- there is something scheduled for TH 5 from now until 1990. Fred Hoisington, representing the Chamber of Commerce Transportation Committee, said that in 1984 the Chamber of Commerce's Board asked the Transportation Committee to look at the City"s roadway system and its impact on businesses and residences. The Committee ended up with two major recom- mendations : 1) Valley View Road should be upgraded prior to work beginning on TH 5; this will be needed by the residents of the community and 2) Home- ward Hills Road should be constructed prior to work being done on TH 169. Hoisington said the Transportation Committee was in support of Staff's position and recommended that the improvements to Valley View Road be undertaken as proposed. Steve Cherne, 6930 Raven Court, asked who owns graffiti bridge. Dietz said it was built in 1900. While it has not been determined who technically owns the bridge, Dietz said he felt the City could claim ownership. Cherne asked if the Valley View improvements would be phased, Dietz said it is recommended that they be done at one time, Cherne expressed concern about emergency vehicles having access to the area during the time Valley View Road would have to be closed. Dietz explained there will be an access road connecting Edenvale Boulevard to the western portion of Valley View Road; the portion of Valley View Road which would be closed entirely would be that east of Edenvale Boulevard to roughly Fairway Drive and would not affect any residential driveways. C City Council Minutes -7- March 5, 1985 Ken Sien, 7400 Ontario Bouevard, said once Valley View Road improvements are made and TH 5 is closed for repairs, metro traffic control will indicate Valley View Road as a good alternative. Kay Schumacher, Eden Land Sales, said the closing of Valley View Road will be something of a hardship for them as they are developing land on either side of the bridge. Allan Weyhrauch, 16002 Valley View Road, said he did not feel the widen- ing of Valley View Road would do anything for the value of his home. He wondered if the Postal Service would consider moving the mailboxes to the other side of Valley View Road because he did not want to have to cross a busy street to get his mail . Dave Thompson, 16101 Valley View Road, asked if the grade of Valley View Road would be changed. Dietz said the grade would be flattened from 8% to 7%. Thompson asked why a standard residential street width was not proposed. Dietz said the City has developed a transportation network and Valley View Road has been designated a collector street which necessitates a wider roadway. Thompson asked why the residents should have to paj for something which was only going to be detrimental . Dietz explained how the street system is laid out and pointed out that the City can rely on the State to provide us with local collector streets . Thompson said he would like to know where the City right-of-way is so that shrubbery in his yard might be replanted prior to the beginning of construction. Deb Wargin, 7400 Bittersweet, had a question regarding the width of the sidewalk and the roadway in relation to her property. Janet Sieg, 7353 Franklin Circle, asked if it was necessary to have a sidewalk on the north side of the street. Peterson said the sidewalk would not generate pedestrians but would accommodate them. Bentley asked why the sidewalk is being proposed. Dietz noted there have been some serious pedestrian accidents in this area . Bentley asked what would happen to the overall plan if a sidewalk were not put in. Anderson said he felt safe access should be provided from this area to Round Lake Park as well as the other community facilities west of County Road 4. He said he felt the Council should be responsible for providing what is best for the citizens of Eden Prairie. Bowers asked if there would be a boulevard between the sidewalk and the curb. Dietz said there would be wherever possible as this provides room for snow storage; he also noted that a 61 area is too small to support boulevard trees. Bernard Neumann, 15917 Valley View Road, asked what would happen to the bike paths which are now along Valley View Road. Dietz said they would be removed and replaced as a part of this project. MOTION: Redpath moved, seconded by Anderson , to close the Public Fearing and to adopt Resolution No. 85-72, ordering the improvements and Prepara- tion of plans and specifications for I ,C. 51-272, Valley View. Road improve- ments between Mitchell Road and CSAH 4. Motion carried unanimously. City Council Minutes -8- March 5, 1985 V. PAYMENT OF CLAIMS NOS. 18834 - 19080 MOTION: Anderson moved, seconded by Redpath , to approve the Payment of Claims Nos . 18834 - 19080. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye. " Motion carried unanimously. VI . ORDINANCES AND RESOLUTIONS k There were none. I VII . PETITIONS, REQUESTS & COMMUNICATIONS There were none. VIII. REPORTS OF ADVISORY COMMISSIONS There were none. IX. APPOINTMENTS A. Appointment of two additional members to the City Needs Study Committee t The names of Skip Lane and Rich Anderson were placed in nomination. MOTION: Anderson moved, seconded by Bentley, to close the nominations and to appoint Skip Lane and Rich Anderson to the City Needs Study Committee. Motion carried with Pidcock abstaining. X. REPORTS OF OFFICERS , BOARDS & COMMISSIONS A. Reports of Council Members Bentley - noted he had received calls after the last snowstorm from residents expressing concern about the fact that the snowplows went through neighborhoods twice which meant residents had to shovel their driveways twice. He suggested the width of the snowplows be looked into so that a wider swath could be plowed the first time. Peterson - reviewed the status of the landfill permit process . He noted the permit is now before the Pollution Control Agency and it appears as though it will be granted. Peterson said Representative Sidney Pauly and Senator Don Storm are introducing legislation which will require any expansion of the Flying Cloud Landfill to go through the certificate of need process. Peterson noted that Metropolitan Council Representative John Harrington had said the Metropolitan Council is not prepared to handle the process (certificate of need. ) Peterson also said that he had met with Stan Johannes, a resident of the area adjacent to the landfill , who expressed a desire to have the concerns of the neighbors addressed. City Manager Jullie indicated a study of the leachate protection system will be required and that a liner will be installed. Anderson said he would like the City to conduct a check of what is being dumped at the landfi i i . Bentley said BFI has said it closely monitors what is dumped because they are ultimately liable. There was discussion as to what the City's role should be in monitoring what is disposed of at the landfill . The consensus was that the City Attorney would check into what is the City`s responsibility. City Council Minutes -9- (larch 5. 1985 B. Report of City Manager 1. Proposed Changes in the Fitness Program for Employees r City Manager Jullie said legitimate questions had been raised during the sign up period regarding the method of monitoring and/or adminis- trating the previously discussed employee fitness program, Jullie stated Staff would like to restructure the program to eliminate the one-half hour of release time twice per week for employees using the facilities at the Community Center. Instead, Staff would consider and would poll employees about using the Community Center during non-work periods twice a week. This would allow more flexibility i for employees and would not create an administrative problem. Recreation Superintendent Pappas was present to answer questions. The consensus was that this be explored and brought back to the Council when Staff has something in final form. MOTION: Pidcock moved ; seconded by Redpath, to direct Staff to study the situation further and to report back to the City Council at an appropriate time. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. Petition to Watershed District for Chain of Lakes Project MOTION: Redpath moved, seconded by Anderson, to approve the petition to the Watershed Distract for the Chain of Lakes Project, and authorize Staff to submit this petition to the Riley-Purgatory-Bluff Creek Water- shed District for a cost not to exceed $22,500. Motion carried unani- mously. XI . NEW BUSINESS MOTION: Pidcock moved, seconded by Anderson, to direct Staff to investigate the method used by other cities in making appointments . Redpath said he felt it was the City Council 's responsibility to make appoint- ments; it was not up to the Staff to tell the Council how it should be done. Peterson said he would be willing to work on thist he indicated he would vote "no" on the motion. The motion was withdrawn by the mover with the consent of the seconder. XII. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 12:17 a.m. Motion carried unanimously .