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City Council - 08/06/1985 r t a APPROVED MINUTES EDEN, PRAIRIE CITY COUNCIL TUESDAY, AUGUST 6, 1985 7. 30 PM, 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 I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda- IX. D. 2. Round Lake Study Proposal and X. C . 1. Landfill Update. The following items were removed from the Regular Agenda and placed on the Consent Calendar: VII . C. became III . R. Request for August 20 1985 hearing date by Welcome Home to appeal decision rendered July 25 by the Board of Ap�?eals & Adjustments on Variance Request No. 85-26 and VII . E. became III . S. Re uest for hearing date of August 20, 1985 b Midwest As halt Corporation to appeal decision rendered u y 11 by t e oard of _ppea s & Adjustments on Variance Request No. 85-24. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. City Council Meeting held Tuesday, May 21 . 1985 MOTION: Bentley moved , seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, May 21 , 1985, as published. Motion carried unanimously. B. Special Joint City Council/Human Rights & Services Commission Meeting held Tue'sda , June 4, 1985 3. MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special Joint City Council/Human Rights & Services Commission Meeting held Tuesday, June 4, 1985 , as published. Motion carried unanimously. i City Council Minutes -2- August 6, 1985 III . CONSENT CALENDAR A. CITY WEST CONVENTION CENTER by the Kahler Corporation. 2nd Reading of Ordinance No. 39-84, zoning district change from Rural to Commercial Regional Service, with variances , for 5.5 acres for a Hotel -Convention Center, approval of Developer's Agreement for City West Convention Center, and adoption of Resoltuion No. 85-187, approving Summary of Ordinance No. 39-84 and ordering publication of Said Summary. Location: northeast quadrant of City West Parkway and County Road 61. (Ordinance No. 39-84 - rezoning and Resolution No. 85-187 - authorizing Summary and publication) f s B, AUTUMN WOODS 3rd ADDITION by Trum y Homes. 2nd Reading of Ordinance No. 14-85, zoning district change from Rural to R1-9.5 on 2.64 acres , RIM-6.5 to R1-9.5 and 2.37 acres , approval of Developer's. Agreement for Autumn Woods 3rd Addition . and Adoption of Resolution No. 85-139, approving Summary of Ordinance 14-85 and ordering publication of Said Summary. 5.01 acres into twelve single family lots. Location: east of Highway #101 , north of Chicago, Milwaukee, St. Paul , and Pacific Railroad . (Ordinance No. 14-85 - rezoning and Resolution No. 85-139 - authorizing Summary and Publication) C. PARKWAY APARTMENTS by Bar-Ett Construction Company. 2nd Reading of Ordinance No. 21-85, zoning district change from Rural to M-2.5 on 35.9 acres , approval of Developer' s Agreement for Parkway Apartments and adoption of Resolution F No. 85-189, approving Summary of Ordinance No. 21-85 and ordering publication of Said Summary. 35.9 acres into five lots for construction of five, 73- unit apartment buildings Location- east of Mitchell Road and east: of Chestnut Drive. (Ordinance No. 21-85 - rezoning and Resolution No. 85-189 - authorizing Summary and Publication) i D. Request for Approval of Final Payment on Grading Franlo and Eden Valli Parks } E. Request for Approval of Final Payment on Staring Lake Park Trail Phase III I r F. Request to Watershed District for Stream Water Maintenance of Riley Creek G. Clerk ' s License List H. Set Tuesday, October 1 1985 6:00 PM for Joint Meeting with the Historical & Cultural Commission I . Receive Petition for Street Improvements Adjacent to Eames Addition and Authorize Preparation of a Feasibility Report, ,C. -08 (Resolution No, 8 - 176 - continued from 7-16-85 - Removed from Agenda it the Proponent's request J. Receive 100% petition for creek crossi.nQ at Golden Triangle Drive and authorize preparation of plans and specifications , I .C, 2-081 Resolution No-181) K. Receive 100% petition for street and uti 1 ity improvements for Chestnut Drive extension into Parkway artment complex and authorizere aration of pans and specifications. I .C. 52-084 Resolution No. 85-182 L . Approve Special Assessment agreement with Mr, and Mrs. Marshall and authorize Mayor and Manager to execute document City Council Minutes -3- August 6, 1985 M. Final Plat approval for Paulsen' s 2nd Addition (Resolution No. 85-183) N. Final Plat approval for Shady Oak Center. (Resoltuion No. 85-184) 0. Change Order No. 2, Carmel Addition . I.C. 52-059 i P. Resolution No. 85-186, restricting parking on Preserve Boulevard between Anderson Lakes Parkway and Preserve Center Drive i Q. Request from Earl More R. Request for August 20, 1985, hearing date by Welcome Home to appeal decision rendered July 25 by the Board of Appeals & Adjustments on Variance Request No. 85-26 - formerly VII . C. S. Request for hearing date of August 20, 1985, by Midwest Asphalt Corporation to appeal decision rendered July 11 by the Board of Appeals & Adjustments on Variance Request No. 85-24 - formerly VII . E. City Manager Jullie noted that item I . had been removed from the Consent Calen- dar at the request of the proponent. MOTION: Anderson moved, seconded by Redpath , to approve items A - H and J - S on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. HAMPTON INN by Eden Prairie Hotel Investors . Request for zoning district change from C-Regional to C-Regional Service for 2.69 acres, with variances to be revi ewes by the Board of Appeals, for a hotel . Location i west of Highway 169, south of Valley Veiew Road, east of Highway 5. (Ordinance No. 24-85 - rezoning) City Manager Jullie noted the Council had voted at its July 16th meeting to reconsider the item. Notice of this Public Hearing was published and property owners in the project vicinity were notified. I Wally Hustad, Sr. spoke to the request. Peterson asked if there was another entrance into this area. Hustad said there was not; the possibility does exist for another entrance due to the elevations, but none has been designated. Pidcock expressed concern about the entrance becoming jammed with traffic . Planning Director Enger stated there was a poss i bl i ty that the pedestrian access could be used as an emergency access . Pidcock questioned this as being the highest and best use of the property, Hustad said they felt this was the highest and best use- he said he felt it was necessary for the community to have a variety in the type of hotels available. Pidcock asked if Staff Felt this was the highest and best use. Enqer said he thought a full-service restaurant would also be a good use. He said he felt to make a determination as to whether or not this was the highest and best use of the property was "getting into a grey area," City Council Minutes -4- August 6, 1985 Pidcock expressed concern as to whether there was adequate room on the property for a motel . Hustad said they did not think they were overusing this site; they were not trying to crowd the site. Hustad said this area needs about six motels/hotels in order to be competitive, Pidcock said she was still concerned about getting the highest and best use on this property. Hustad said they had considered all the alternatives and felt this is the best use and is in the best interest of the community. Redpath asked about the architecture and the colors to be used. Enger said that since the architecture is so different between the Residence Inn and the proposed Hampton Inn he felt it was a good idea to have similar colors. Bentley noted he had voted in favor of this proposal the first time around and that he would do so again. He said he would favor an emergency access as well as a divided entrance to the property. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 24-85 , rezoning, Motion carried with Pidcock abstaining. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations with the addition of the following: increasing the number of plantings as indicated by Hustad (including those around the Brock Residence Inn) , provisions for an emergency entrance to the site, and a divided access/ egress for the site. Motion carried with Pidcock abstaining. B. HIGHWAY #101 - VALLEY VIEW ROAD by the City of Eden -Prairie. Request or a zoning district change from Rural to R1-22 on six opts totalling 3.62 acres . Location• the northeast corner of Highway #101 and Valley View Road, (Ordinance No. 29-85 - rezoning) City Manager Jullie said the City is requesting a zoning district change for six lots from Rural to RI-22; these lots were thought to be zoned properly, but were not. Development on these lots has conformed to the R1-22 requirements . Planning Director Enger stated the Planning Commission had reviewed this request at its Meeting on July 22, 1985, at which time it voted to recommend approval . Enger noted these lots had not been previously zoned and this action would be in conformance with the Comprehensive Guide Plan, There were no comments from the audience. MOTON: Anderson moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 29-85. Motion carried unanimously. �.a _ w City Council Minutes -5- August 6, 1985 V. PAYMENT OF CLAIMS NOS. 21668 - 22029 MOTION: Anderson moved seconded by Pidcock to approve the Payment of Claims Nos. 21668 22029. Roll call vote: Anderson , Bentley. Pidcock, Redpath , and Peterson voted "aye. " Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. Round Lake Surface Ordinance (Ordinance No. 28-85) Director of Community Services Lambert spoke to his memorandum of July 24, 1985, which addressed the purpose of the ordinance. Anderson noted there would be no sound pollution or gas pollution with electric motors. Lambert said the only exceptions to electric trolling motors would be for emergencies, use by pontoons, and the DNR. Anderson expressed concern that residents might question the City's use of gas motors not fully knowing the background and reasons. Pidcock and Bentley concurred. Bentley suggested the City look into having an electric motor on the City's pontoon boat. ' There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to give 1st Reading to Ordinance No. 28-85, an Ordinance of the City of Eden Prairie. Minnesota, amending City Code Chapter 9 by renumbering present Section 9.63 as 9.64, and by re- numbering present Section 9.64 as 9.65, and by adding Section 9.63 relating to regulation of the use of Round Lake; and adopting by reference City Code Chapter 1 and Section 9.99 which, among other things , contain penalty pro- visions . Motion carried unanimously. VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Ed Brion regarding house construction at 6485 Grandview Avenue City Manager Jullie noted Staff had been working on this matter and had hoped to resolve the issues. Jullie said a Developer's Agreement had been prepared which Brion stated he wished to discuss with his builder prior to signing it. Jullie said Staff felt the matter was resolved; however, if Brion did not sign the Developer's Agreement he could appear before the City Council at its next meeting. MOTION: Bentley moved, seconded by Pidcock, to table Brion's request, Motion carried unanimously. B. Grading revisions for Edenvale 9th Addition Planning Director Enger stated there was a request from Equitable for revisions to their grading plan for the Edenvale 9th project; they wish to modify the eastern end of the plan. Dennis Marhula, engineer for the project; addressed the request. r City Council Minutes -6- August 6, 1985 . Bentley asked if the proponent had a site-specific proposal at this time. Marhula said they did not . - Bentley said there was no way in Y which he would vote in favor of any excavating or grading on the top of that hill without seeing a plan first. Redpath concurred and noted that the Council had requested such plans from Equitable from time to time. Marhula indicated two grading permits have been issued for that site. Enger reviewed the history of this proposal over the past three years; he noted a master grading plan had been approved by the Council some time ago. s Anderson said he was upset about the whole situation. He said the top of the knoll was to be saved but the developer had taken down the trees and now is requesting to take off the top of the hill . Bentley stated that the Council , as a rule, does not allow pre-site grading. He said this is one of the most visible areas of the City. 9entley said he still believes developner.t on this site should be 50% office use. Anderson said he would like to go back and look at the Minutes of the meeting at which this issue was previously discussed. He indicated he a was very disappointed in having this request come before the Council . Redpath said he would have to see what was going in before he made a decision regarding the grading. Marhula said this--4s a very difficult piece of property to market. it is the premier site in this area but is very difficult to market in its present state. There were no comments from the audience. MOTION: Anderson moved, seconded by Pi dcock . to deny the request for revisions to the Edenvale 9th Addition grading plan; to direct Staff to investigate the amount of gravel removed to date to determine if it is more than what was agreed to previously,' and to have the Council provided with the original approvals and Minutes regarding this proposal . Motion carried unanimously. C. Request for August 20, 1985, hearing date by Welcome Home to appe9l decision rendered July 25 by the Board of Appeals & Adjustments on Variance Request No. 85-26 - moved to Consent Calendar as item TII . R. D. Request from Christopher L. Kittler, City Curb Painting Service, to paint house number on steps or curbs in Prairie at the expense of property owners, and inquiring if the City at a cost of $4.00 per house would contract withhim to paint numbers on all houses in the City of Eden Prairie at City expense I City Manager Jullie called attention to Kittler's letter to John D. Frane in which this issue was addressed. Jullie noted the City had received several calls from residents reaardino this since the curb painting i, in City right-of-way. 1 1 City Council Minutes -7- August 6, 1985 Kittler addressed the request and reviewed the process which has been in use to acquaint homeowners with his service Pidcock asked about the usefullness of painted curbs when there is snow cover for a number of months . Kittler said use would be minimal unless the steps on the house were painted. Redpath said he was not in favor of having the entire City done at City expense since there were a number of areas in the City where there are no curbs . Bentley said he thought it was an enterprising idea but said he felt the notice was very deceptive and made it appear that it was a City project. Peterson asked if Kittler would be required to go through a certain process to proceed with his venture. City Attorney Pauly said that if the curbs are to be painted that would be on City property. Peterson said it seemed that people could have the numbers painted on their steps if they so desired. He also felt the advertising was misleading. MOTION: Pidcock moved, seconded by Anderson, to deny permission to paint house numbers on curbs in Eden Prairie. Motion carried unanimously. E. Request for hear.ing date of August 20 1985 by Midwest Asphalt Corporation to appeal decision rendered July 11 by the Board of Appeals & Adjustments on Variance Request No. 85-24 - moved to Consent Calendar as item III . S. VII1. REPORTS OF ADVISORY COMMISSIONS A. Recycling Advisory Committee Final Report Carlton Moore, Chairman of the Committee , reviewed the report and its recommendations . Bentley said the idea of establishing this Committee was to see what might be able to be dcne to this end in the City of Eden Prairie. Bentley said he was concerned that there was no mention made of doing a pilot program. He said he had concerns about a City-wide program, He said he would like to have the Council review this and come back in about a month, Peterson said he would like to have more information about a collection program particularly since there was not much interest shown by the recycling firms who are in this business. Moore said there are four to six firms in the metropolitan area who are in the recycling business and each of them has its flaws . Anderson said that the more he gets into the landfill situation, the more he sees a need for us to find some alternatives. He said he would like to see additional recommendations . He said he would like to find some alter- natives via a pilot program in a pilot area . Redpath asked if Moore was aware of the Minority Report. Moore said he was. He said this is a volatile industry with a number of problems within it. Moore said he was disappointed that those Committee members who are in the business did not show up at the meetings, 4 e City Council Minutes -8- August 6 . 1985 Peterson asked if the Committee would consider the possibility of a municipal arrangement. Moore said it would and noted that most of the cities which offer recycling are already in the garbage collection business. Bentley said the Council must look at 1) should we have a recycling program, 2) is there a feasible method to do this , 3) what form should this take. Peterson asked if the Committee could reassemble and come back to the City Council in 45 days or so regarding a pilot project and how that might be handled in the City. He said he could not vote for a pilot program unless he knew there was a hauler available. Bentley said he did not think there was anything that could be done yet because there was not enough information. He said Assistant to the City Manager Dawson had recommended working with neighboring communities and Bentley concurred this was a good idea. Anderson said he would like to see the local haulers given an opportunity to get into recycling. MOTION. Redpath moved, seconded by Pidcock, to accept the report of the Recycling Committee and to ask the Committee to continue its work for a few more months to come up with a pilot program-along with a time line for implementation of such a program. Motion carried unanimously. I X. APPOINTMENTS _ There were none. X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members There were no reports . B. Re ort of City Manager 1. Bid tabulation for copier MOTION: Anderson moved.. seconded by Redpath to authorize Staff to execute an agreement with International Business Machines, Inc. for a five-year lease/purchase of an IBM Series III Model 60 copier per the terms stated in its bid proposal dated July 19, 1985. Motion carried unanimously. C. Report of City Attorne 1. Landfill Update City Attorney Pauly reported on the most recent developments regarding the landfill . He said the 1) contaminants were discovered after which the PCA suspended its review process for the issuance of a permit. C_ The PCA has now joined the proponent in studying the problem. The City Council Minutes -9- August 6. 1985 City has requested the Metropolitan Council to reconsider its recom- mendation relative to the permit process . The Metropolitan Council has referred this to a committee which will meet on August 13th. 2) the landfill capacity was reached as of last week and the County has indicated it is going to close it down. Pauly said the County' s Board of Commissioners had today recommended a temporary expansion of the landfill for an additional 300 acre feet. Pauly said the PCA's capacity has also been reached and BFI must get its approval also. Pauly stated the permit process is on hold pending a report from the operator stating how the contamination can be contained. Anderson asked what the City's alternatives are at this time. Pauly said to continue with the hearing process and to make a decision to either approve or disapprove the permit process . Pauly said the City could contest any temporary permit and/or challenge the authority to do so without the EIS process and the City could pursue the matter with the Metropolitan Council in getting it to change its recommenda- tion to the PCA. Pidcock asked if the City was looking into hiring an inspector. City Manager Jullie said this is being looked into. Pidcock said the City could, ideally, shut the landfill down but this would not be realistic. She said she thought this was in the political arena at this time. Anderson said there is active pollution occurring right now, Everyone is caught in a bind. He said he felt the Council owed the residents the responsibility for taking this to the end; the Council should not give up now. Bentley said he felt the City should stress these concerns: contamin- ants, reduction in size of the expansion , and the compensation. package. 1 He also said he felt the County must be willing to have its name on the line also. Redpath *agreed and said he hoped the permit issuers would put some teeth in their permits, He said it is now time for some restrictions to be placed on the permits. ' Anderson asked if the City could request a plan to reduce the pollution as a condition of negotiation. Peterson said he felt there should be no discussion prior to the August 13th meeting of the committee of the Metropolitan Council ; the City is j going to have a landfill but it must be able to negotiate at the right time. Peterson noted there are people in the neighborhood of the land- fill who feel there should be no discussion other than regarding closure while others are concerned about the compensation package. Bentley said he thought it was best to find a solution in a systematic way. There should be no discussion, no negotiation, until the PCA has determined that it is a safe place. I City Council Minutes -10- August 6, 1985 D. Report of Director of Community Services C1. Miller Park Concept Plan . Director of Community Services Lambert addressed his memorandum of August 1 , 1985, in which this issue was discussed. Redpath expressed concern about the traffic which would use Timber Lakes Drive. Pidcock asked about the time table for this park. Lambert said i the City Study Needs Committee recommended this be included in a r referendum which would go before the residents in 1987. Gary Soderberg, President of the Eden Prairie Baseball Association objected to having only four youth baseball fields. He would like to see at least one more youth field added by 1990 when more fields will be needed. He referred to recommendations included in the City Needs Study. Rita Rove, 7988 Island Road, expressed concern about the amount of traffic on Timber Lakes Trait as a result of this park. She said she would like to see the property left in a very natural state and not have the City spend $4 million on this Anderson said he felt this was an excellent concept plan. Pat Minton, 7994 Island Road, said he was against rerWing the naturalness of this area . He indicated this is a chance for the City to create a passive, natural area. He said he was opposed to a boat launch area on Mitchell Lake, He said this area could be approached from the west via 82nd Street. Minton noted this is an area with heron and egret rookeries . Peterson asked to what extent the area to the north would be screened from the lights from the ballfields. Lambert said there would be no— way to screen the lighting and that was why the lighted ballfields are shown to be on the southern portion of the park. Pidcock said she would like to see part of this area retained in its natural state -- particularly those areas where birds nest. Anderson noted that at the time this land was purchased it was to be used as a passive park. He said he is pleased with the proposed use and feels it fulfills the needs of the community. Andy Freachette, representing the Baseball Association, asked if this would be available for Little League play. Lambert said he did not think so. 3 r i r City Cn-!ncil Minutes -11- August 6, 1985 1 MOTION: Anderson moved seconded by Bentley, to approve the Miller Park Concept plan . Motion carried unanimously. l MOTION: Anderson moved. seconded by Pidcock, to authorize Staff to explore the costs of obtaining land for acquisition to the park and for road right-of-way. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to check with the School District as to whether or not they have any plans to build a school in this area and if so, perhaps a school could be built in connection with the park. Motion carried unani- mously. 2. Round Lake Study Proposal The Round Lake Study proposal was discussed at a meeting of the City Council/Parks, Recreation & Natural -Resources Commission which was held prior to this City Council Meeting. Director of Community Services Lambert reviewed the options available to the Council regarding Round Lake: there could be full , partial or no treatment. MOTION: ._. Redpath moved. seconded by Anderson, to recommend ful1 treatment for Round Lake as outline by Di rector of Community Services Lambert. Motion carried unanimously. E. Report of Director of Public Works .. There was no report. XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Pidcock moved, seconded by Anderson. to adjourn the meeting at 12:25 a.m. Motion carried unanimously. i I x l �.... ._ r.." _e.....i�..e., .y�.,��1 iX�w�r s, ._�. _ ��8''���i .wrRt�.:.ihl '� a+_� t:. 'a. APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, AUGUST 6, 1985 6: 00 PM, SCHOOL ADMINISTRATION BOARDROOM a CITY COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson , George Bentley, Patricia Pidcock and Paul Redpath PARKS, RECREATION & NATURAL RESOURCE Chairman Mary Jessen, Raiford Baker, Pat Breiten- COMMISSION MEMBERS: stein, Moe Cook, Gary Gonyea , Jerry Kingrey and Charles Shaw 1 CITY STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Community Services Robert Lambert, Superintendent of Rec- reation Chuck Pappas, and Recording Secretary Karen Michael I . ROLL CALL Conrrission members Moe Cook and Gary Gonyea were absent. 11 . APPROVAL OF AGENDA MOTION: Redpath moved , seconded by Anderson , to approve the Agenda with the addition of III . H. Round Lake Study Proposal . Motion carried unanimously. III . ITEMS FOR DISCUSSION (See attached memorandum dated July 24, 1985) A. Expectations of Council Re, ag rding Commission Review of De;relopment Projects Peterson asked if the Commission was satisfied that it received for review all the projects it felt it should. Director of Community Services Lambert reviewed the procedures used in determining whether a project was reviewed by the Parks , Recreation & Natural Resources Commission and said he felt comfortable with the manner in which it is accomplished. Anderson said he was concerned because often the Parks, Recreation & Natural Resources Commission did not review a proposal until the evening before a City Council Meeting which meant the Council did not have an opportunity to review the Minutes of the Commission Meeting. Lambert said this happened largely because the Parks Commission does not review proposals until after they have been recommended for approval by the Planning Commission. If the proposal were to be continued so the Council would have the Commission Minutes, it would mean a delay of two to three weeks which proponents do s not look at kindly. r Bentley said he felt a handout regarding the major issues of discussion by the Commission would be helpful . Pidcock said she would like to have a synopsis of the reasons for the vote of the various Commission members_ C Anderson said he felt the importance of reading the minutes was that they indicated the basis for the decision making. a