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City Council - 07/16/1985 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 16, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson , Ge_rge Bentley, Patricia Pidcock, and Paul Redpat CITY COUNCIL STAFF: Assistant to the City Manager Craig Dawson. City Attorney Rick Rosow, Finance Director :_tin D. Frane, Senior Planner Mike Franzen, Direccor of Community Services Robert Lambert, Dire:tz r of Public Works Eugene A. Dietz, and Recorc= -g Secretary Karen Michael d E t PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda : II . G. Eames/Quail Ridge Housing Revenue Bonds, II H. Final Plat, Turnbull Addition, II . I. Jaycees Request for Temporary 3.2 Beer License, IX. B. 1. Nomination for Appointment to Regional ransit Board, IX. A. 2. Discussion on Landfill_, IX. D. 2. Update on 169 Prai ri ce Center Drive Traffic Signals. 5 4 The following item was continued to the August 6, 1985, Meeting of the City Council : II . E. Receive Petition for Street Improvements Adjacent to Eames Addition and Authorize Preparation of a Feasibility Report, I.C. 52-082. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . CONSENT CALENDAR A. 2nd Reading of Ordinance No. 27-85, changing terms on Historical and Cultural Commission from 3 ,ears to 2 years B. Final Plat approval and Special Assessment Agreement for Eames Addition Resolution No. 85-173 C. Final Plat approval for Tanager Creek 2nd Addition (Resolution No. 85-174 D. Contract Amendment No. 1 , Anderson Lakes Parkway Improvement Project, 52-OTF- City Council Minutes -2- July 16, 1985 E. Receive Petition for Street Improvements Adjacent to Eames Addition and Authorize Preparation of a Feasibility Report, I .C. 52-082 Resolution No. 85- 176) - continued to August 6, 1985, Meeting F. Final Approval for Housing Revenue Bonds in the amount of $11 000,000. 00 for Tanager Creek Resolution No. 8 -172 G. Eames/Quail Ridge Housing Revenue Bonds H. Final Plat, Turnbull Addition . (Resolution No. 85-177) I. Jaycees Request for Temporary 3.2 Beer License, August 3-4, 1985, Pokind Lake Park } MOTION: Bentley moved, seconded by Redpath, to approve items A - D and F - I on the Consent Calendar with item E being continued to August 6, 1985. Motion carried unanimously. (Items F and G are subject to the City Attorney's approval - Ill . PUBLIC HEARINGS A. MOUNT CURVE ADDITION; by Mount Curve Developers. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Resi- dential on 2. 24 acres, rezoning from Rural to RM-6.5 for 2.24 acres , and Preliminary Plat of 2.87 acres into nine lots for seven townhouse units . Location: southwest corner of Franlo Road and Mount Curve Road. (Resolu- tion No. 85-169 - Comprehensive Guide Plan Amendment, Ordinance No. 25-85 - rezoning and Resolution No. 85-170 - preliminary plat) _ Assistant to the City Manager Dawson stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Laurie Johnson, engineer for the proponent, and Bill Havek, attorney for the proponent were present to address the proposal . Senior Planner Franzen said this request had been reviewed by the Planning Commission at its meetings on June 10 and June 24, 1985. At the June 24tr Meeting the Commi ssi on voted (4-3) to recommend approval subject to the recommendations included in the Staff Report dated June 7, 1985, the main point of discussion was whether or not there should be six or seven units. The Planning Commission was in basic agreement that multi-family use was better on this site than single-family use. Franzen noted the method to be used for tree replacement; oak trees would have to be replaced accordir.: to their diameter rather than on a caliper inch basis . Director of Public Works Dietz stated the proponent realized a solution must be reached regarding drainage in this area and said that this would be accomplished between 1st and 2nd Readings of the Ordinance. Anderson asked if the Planning Commission felt the method of tree replace- ment could be accomplished. Havek said they felt they could work around the existing oak trees. City Council Minutes -3- July 16, 1985 Redpath asked who would be responsible for the staking of the existing trees. Franzen noted the developer is required to stake the grading limits and the City then goes out to check to see that it is being done according to the plan. Franzen said that grading permits would not be granted until the City had made an initial inspection of the area. Bentley asked how long it would take to review the storm water question; could that be resolved prior to 2nd Reading. Dietz noted the Bluffs West 5th area posed a similar problem and was accomplished with a stipulation similar to what might be proposed here. Bentley asked if the eastern road connection was satisfactory. Dietz said it was from the standpoint of safety even though it was less than 125' frog- the intersection. Bentley said he did not see where ramoving one unit would improve the project. There was discussion regarding the drainage in the area and the impact of the proposal on the trees. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 85-169, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to give 1st Reading to 4._ Ordinance No. 25-85, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 85-170, approving the preliminary plat of Mount Curve Addition for Mount Curve Developers (into nine lots for seven townhouse units). Motion g carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations and with the 2nd Reading of the Ordinance contingent upon resolution of the storm drainage question. Motion carried unanimously. B. CROSSROADS CENTER by Vantage Properties. Request for a Zoning District Change from C-Re,ior►al to C-Regional Service on 2.99 acres , with variances to be reviewed by the Board of Appeals, Preliminary Plat of approximately 11.4 acres into one lot, one outlot, and road right-of-way, for construct• l of a commercial center. Location: east side of Highway #169, south and west of Prairie Center Drive, north of Major Media (Ordinance No. 26-85 - rezoning and Resolution No. 85-171 - preliminary plat) a City Council Minutes -4- July 16, 1985 Assistant to the City Manager Dawson said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bruce Watson, Vantage Companies, addressed the request. Senior Planner Franzen stated the Planning Commission had considered this request at its meeting on June 24, 1985. The Commission voted to recommend approval of the request subject to the recommendations included in the June 21, 1985, Staff Report. Franzen called attention to a memorandum to the Council dated July 12, 1985, which further outlined to changes made in the site plan; these changes had been agreed to by Vantage. Bentley asked why parking requirements were not the same as those which had been previously required by Staff. Franzen said the size of cars is now smaller and more green area will be provided with smaller spaces. Anderson asked about the loss of trees on the site. Franzen noted that trees would be lost with any development of this area; tree replacement will be a requirement in the Developer's Agreement. Director of Community Services Lambert said this request had been re- viewed by the Parks , Recreation & Natural Resouces Commission at its July 15, 1985, Meeting at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Report. Lambert noted the only issue raised by the Commission dealt with the trees. Pidcock said she was concerned about the fact that old trees were being replaced by very young trees. Pidcock expressed concern about access to the site. Watson indicated they felt three access points to the site were enough. Bentley said traffic volumes to this type of center are not the same as those for a Cub, Super Valu, etc. Pidcock said she did not think it was adequate. Franzen referred to a letter from Bill Crawford, MN/DOT to Planning Director Enger in which this issue was addressed. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 28-85, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 85-171, approving the preliminary plat of Crossroads Center for Vantage Properties. Motion carried unanimously. City Council Minutes -5- July 16, 1985 MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations C and with the inclusion of a provision regarding tree replacement: the developer will be responsible for 104 caliper inches of tree replacement on the sites 5 or 7 (site 5 is the future office site; site 7 is the future restaurant site . ) Motion carried unanimously. IV. PAYMENT OF CLAIMS NOS. 21341 - 21667 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of a Claims Nos. 21341 - 21667. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye. " Motion carried unanimously. V. ORDINANCES & RESOLUTIONS There were none. i VI . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Hustad Development Corperatien regarding the Hampton Inn Project Wally Hustad, Sr. asked the Council to reconsider its previous action on this matter because there is a neied for a variety in the type of hotels in Eden Prairie. He noted that this site is an excellent one `or the type of hotel proposed. Hustad said he would like to present new information to the Council based on a new study. ` .- MOTION: Redpath moved, seconded by Bentley, to reconsider the Council 's previous action regarding the Hampton Inn Project. Pidcock asked what new information was available. Hustad said he now has available site-line studies as well as architectural renderings. Bentley said he would ask that this be reconsidered at the August 6, 1985. Meeting of the City Council . Pidcock said she felt the proponent had been given ample opportunity to make a presentation at the last meeting, Peterson said that he felt any proponent who had to be heard at 1 a.m, was not given the best con- sideration the Council could give. VOTE ON THE MOTION: Motion carried with Pidcock voting "no." MOTION: Redpath moved, seconded by Bentley, to request the proponent to meet with Staff and to direct Staff to place this matter on the August 6, 1985, City Council Agenda with the appropriate notices to be sent regarding this matter. Motion carried unanimously. i r City Council Minutes -6- July 16, 1985 VII . REPORTS OF ADVISORY COMMISSIONS There were none. VIII . APPOINTMENTS Peterson announced that Bentley and Peterson had been appointed to serve as a comnittee of two to set up a review process for review of the City Manager. IX. REPORTS OF OFFICERS, BOARDS 8 COMMISSIONS A. Reports of Council Members 1. Commendation for July 4th Celebration Anderson said there had been many positive things said about the July 4th Celebration. Anderson said commendations are due t.) the Community Service and Public Safety Staffs with special cormaendati on to Superintendent of Recreation Chuck Pappas for the extra effort put forth to make this day such a success. 2. Discussion on the Landfill Anderson asked who is overseeing what is being dumped in the landfill . He expressed concern that someone should be inspecting what is being dumped. Anderson asked if anyone had ever heard of someone being tagged for illegal dumping. He suggested the City i �.. be involved in the inspection process and request help to that end from the County, Pollution Control Agency, and/or the State. Anderson asked that Staff check into what the City of Medina is doing about this. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to see what procedures are used by the City of Medina regarding landfill inspections and to review what might be done by the City of Eden Prairie to accomplish inspections. Motion carried unanimously. a 3. Peterson - Pidcock and Bentley will attend the Municipal Legislative Comnission Meeting on July 24, 1985, at the Decathlon Club. Bentley volunteered to serve on the Board of the Community Action Agency. Bentley and Redpath will attend the ,Firemen's Relief Association Meeting to be held on July 17, 1985. MOTION: Redpath moved, seconded by Pidcock, to send City Manager Jullie, Finance Director Frane, and Councilmember Bentley to the Fair Labor Standards Act Briefing Seminar to be held on August 21, 1985, in Chicago. Bentley said he would go at his own expense; the City will be responsible for his registration only. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -7- July 16, 1985 B. Report of Ci ty Manager 1. Nomination for Appointment to Regional Transit Board Assistant to the City Manager Dawson noted the Metropolitan Council is seeking nominees for appointment to the Regional Transit. Board. Nominations close on July 22, 1985. C. Report of City Attorney i 3 City Attorney Rosow called attention to a letter from the PCA regarding the landfill . tie noted the PCA has suspended the process pending remedial I action. Rosow indicated they are attempting to stay on top of the situatic- x ' should the Metropolitan Council be asked to reconsider its action. MOTION: Anderson moved, seconded by Bentley, to ask the Metropolitan Council to reconsider its previous action on the basis of new information. Motion carried unanimously. D. Report of Director of Public Works 1. Award contract for Utilities and Street Improvements for Tanager Creek, I. C. 52-060 ResolutionENo. 85-175 MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-175, a resolution accepting the bid for I .C. 52-060. street and utility improvements - Tanager Creek. Motion carried unanimously. . 2. Update on 169/Prairie Center Drive Traffic Signals Director of Public Works Dietz said the supplier will not come through with the necessary equipment to complete signalization of the TH 169/Prairie Center Drive intersection for 8 - 10 weeks. X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Bentley moved, seconded by Redpath, to adjourn the meeting at 9:50 p.m. Motion carried unanimously.