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City Council - 12/03/1985 a APPROVED t1INUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 3, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and P-mu1 Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Assistant Planner Steve Durham, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Redpath was absent. I. PRESENTATION BY MAYOR PETERSON OF AWARDS OF VALOR TO LANCE BRACE AND Lt. Clark reviewed the process now used for determining awards. Mayor Peterson presented Awards of Valor to Officer Tracy Luke for her heroic action in the drowning incident at Bryant Lake and to Officer Lance Brace for his courageous efforts in the rescue of Gary Erickson. Mayor Peterson extended his congratulations to the two officers on behalf of the City. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. E. 2nd ReadinR of Ordinance No. 38-85 Revisions on the Unclaimed Property OrdTnance; City Manager's Review Document; and X. Waters-Fe-as r c . MOTION: Bentley moved, seconded by Pidcock, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk 's License List B. Set Tug January 7, 199886 6:00 .m. as date and time for Joint Reet n wi FTYin"CTou r ort Wdv sort' Commi sis on �e3 City Council Minutes -2- December 3, 1985 C. Final Plat Approval for Cit West Fourth Addition (Location: Finger roperty on east side of y West Parkway) esolution No. 85-272 D. 2nd Readin of Ordinance No. 41-85, Renaming West 66th Street to anager Lane -yeast of Maarichester ane E. 2nd Read��i na of Ordinance No. 38-85, Revisions on the Unclaimed Eroperty-Ordinance _ MOTION: Bentley moved, seconded by Anderson, to approve items A - E on the Consent calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. PARKWAY OFFICE/SERVICE CENTER by The Brauer Group. Rezoning from Rural o Communi7y om rcial on 2.75 acres. Location: northeast corner of Anderson Lakes Parkway and U.S. Highway No. 169-212. (Ordinance No. 43-85 - rezoning from Rural to Community Commercial ) - continued from November 19, 1985 MOTION: Bentley moved, seconded by Anderson, to continue this item to the December 17, 1985, meeting of the City Council because the proponent was not present. Motion carried unanimously. / B. VACATION OF OLD EDEN PRAIRIE ROAD, NORTH OF WILLOW CREEK ROAD AND WEST OF BRYANT LAKE DRIVE (Resolution No. City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified. Director of Public Works Dietz addressed the request. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-273, vacating Old Eden Prairie Road in Section 12, Township 116, Range 22. Motion carried unanimously. C. SIGNATURE II OFFICE BUILDING by MRTT Joint Venture. Request for PlannedUnit Developmenf A dment Review on 20 acres, Planned Unit Development District Review, with variances, on 20 acres, Zoning District change from Rural to office on 4.07 acres, and preliminary plat of 4.07 acres into one lot for construction of a 54,000 square foot office building. Location: west of U.S. #169, east of city West Parkway. (Ordinance No. 44-85, rezoning from Rural to Office; Resolution No. 85-271 - preliminary plat) { f E City Council Minutes -3- December 3, 1985 �f City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. Dave Broesder, architect with KKE, addressed the proposal. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on October 7, 1985, at which time it was continued to the November 12, 1985, meeting to allow time for the proponent to provide additional information on traffic. Enger noted this plan was a change in the PUC concept. The Planning Commission voted to recommend approval subject to the recommendations included in the Staff Reports dated October 4, 1985, and November 8, 1985. Anderson asked Enger what happens to buildings which lie within the shadows of a five-story building. Enger said that will not be a problem in this area; he said he could not think of any areas in which that has been a problem. Enger noted the daycare facility would be in the shadow of this building in the very early morning hours and that would only be a problem at sunrise. Bentley questionned the drainage in the area. The issue was discussed. Bentley asked if "skimmers" would be used on the drains coming out of the parking lots. Broesder said he could not answer that but knew that there would be catch basins, outlets, and rip-rap used. Pidcock asked for clarification regarding the restaurant. Enger said the proponent is committed to a full-service restaurant rather than a fast-food restaurant; this is to be accomplished via Council review and an amendment. Pat Hagen said they have a signed lease with someone who will operate a full -service restaurant; this is not a chain, but is owned by a couple from St. Cloud. The restaurant will be managed by someone who has been involved with 23 restaurants in the USA. Bentley said he believed this was a good addition to this project. He thought it was going in the direction he thought it should go. Bentley said he thought the traffic control problems could be resolved in the near future by increasing the traffic volumes in the area. There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 44-85. Motion carried unanimously. . F r 2 City Council Minutes -4- December 3, 1985 �r MOTION: Anderson moved seconded b Pidcock, to adopt Resolution No. Y p 85-271, approving the preliminary plat of Signature II Office Building for Primetech, Incorporated; and to direct Staff to prepare a Developer's Agreement as recommended by the Planning Commission and Staff. Motion carried unanimously. D. ARTEKA NURSERY by Arteka, Inc. Request for Zoning District Change of 6.6 acres of excess right-of-way from Rural to Community Commercial within the Arteka Nursery. (Ordinance No. 45-85 - rezoning from Rural to Community Commercial ) City Manager Jullie stated notice of this Public Nearing had been published and property owners within the project vicinity had been notified. Planning Director Enger noted the Staff Report dated November 22, 1985, in which this matter was reviewed. Enger called attention to the fact that this request for rezoning is not in compliance with the City Code, Staff has suggested that an agreement be made that the parcel be aggregated with the land proposed for a tennis center and revert to Rural zoning if the tennis center is not built. The Planning Commission recommended approval of the change at its November 25, 1985, meeting. Ron Bailey, Jerry Bailey, and Peter Stalland were present to answer questions. Anderson said he looked upon this as a housekeeping item. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the . Public Hearing and to give 1st Reading to Ordinance No. 45-85 contingent upon tieing this rezoning into the building of the tennis club. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 24017 - 24279 MOTION; Be,,'.Bey moved, seconded by Anderson, to approve the Payment of Claims Nos. 24017 - 24279. Roll call vote: Anderson, Bentley, Pidcock and Peterson voted"aye". Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS There were none. City Council Minutes -5- December 3, 1985 VII . PETITIONS, REQUESTS & CO114UNICATIONS A. Review of McGlynn_ Bakeries Variance Request #85-40, and the Board of App als�and Adjustments o Vove er 141985, o �ele -the continuance of the mansard— r o Planning Director Enger noted the Council had set this time to review a decision of the Board of Adjustments and Appeals made on November 14, 1985, relating to the deletion of a mansard roof on the new addition to the McGlynn Bakeries Building. Staff had recommended denial of the variance request relating to the roof. It referred to variance requests which were made in 1984 and granted upon the condition that the mansard roof be continued on the addition to the building. Peterson asked why the Board of Appeals had changed its position. Assistant Planner Durham stated that the second time around there was a split vote of the Board; the decision was, in a sense, subjective. Bentley said his vote on the proposal was based on the architectural rendering presented at the time of approval . He said he did not think he would have approved the expansion if it had not shown a continuation of the mansard roof. Bentley noted the addition was built with industrial revenue bonds. l_ Peterson asked if there had been good faith negotiations between Staff and the proponent. Planning Director Enger said there had been. Mr. Johnson, architect for the proponent, said he had misunderstood that the new construction was to look like existing building; he did not understand the intent. Johnson said, architecturally, they never did want a mansard; the mansard would pose a maintenance problem. He said the cost of the mansard roof would be better spent on the alternative suggested by the proponent. Anderson said he did not believe the present building added anything to the area. He expressed concern as to what types of uses would be attracted to the area across the street when this is what would be viewed. Bentley said concern about the mass of the building had been expressed and shared by the Planning Commission and the City Council when this was first reviewed. He stated that at that time it was suggested the building be toned down and it was agreed this would be done via the mansard roof. Concern had also be expressed about the number of proposals which might come back to the City Council because of variances which are altered. Bentley said he would like to see the City Council reverse the decision of the Board of Appeals. ti City Council Minutes -6- December 3, 1985 Johnson said he did not believe the mansard has any justification on this building. He said the planned trees will provide more of a break than the mansard would. F Burt McGlynn, owner of Mc0lynn 's, said the building's color had been selected so it would fade away. He said they would be painting the older building to match the other building. MOTION: Bentley moved, seconded by Pidcock, to continue action on this item to the December 17, 1985, meeting of the City Council to allow Staff and the proponent to meet in an attempt to reach a compromise. Motion carried unanimously. B. Receive Retition and authorize pre2aration of feasibility_ report for - 2 (Resolution o. 85-176) MOTION: Anderson moved, seconded by Peterson, to withdraw Resolution No. 85-176 from the Agenda as an agreement had been reached. Motion carried unanimously. VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Street name discussion - Anderson Lakes Parkway/Scenic Hei hts Road City Manager Jullie noted this item had been placed on the Agenda at the request of Councilmember Pidcock. The City's current plan is to continue the street name of "Anderson Lakes Parkway" west from TH 169 to Mitchell Road. Pidcock had suggested it might be more appropriate to extend the name "Scenic Heights Road" instead. Jullie called attention to the fact that in the area east of TH 169 there are three apartment buildings/condos which use the Anderson Lakes Parkway address (about 450 units). He also noted that there are several apartment buildings under construction on the new portion of Anderson Lakes Parkway which will' use that for their address. Pidcock stated that people who live on Scenic Heights Road are opposed to having this named Anderson Lakes Parkway; their fear is that the City will, at some time in the future, want to change the name of Scenic Heights Road to Anderson Lakes Parkway so as to - - w e"T� City Council Minutes -7- December 3, 1985 avoid confusion and for purposes of continuity. Jullie said the City would be unlikely to do that because there are 12 - 18 homes, a church, and the bus garage located on Scenic Heights Road. Anderson said he felt there would be a loss of identity if the City were to change the name east of Mitchell Road. Bentley said he would be opposed to changing the name of Scenic Heights Road. He said the concept behind the construction of Anderson Lakes Parkway was to have it flow into Mitchell Road as a major collector road with Scenic Heights Road T-ing into it. Pidcock noted that Scenic Heights Road got its name in 1956. MOTION: Anderson moved, seconded by Bentley, to make no change in the name of the roadway between TH 169 and Mitchell Road and to continue to have this roadway called Anderson Lakes Parkway. Motion carried with Pidcock voting "no". 2. City Manager's Review Document_ The Council reviewed the document to be used. MOTION: Bentley moved, seconded by Anderson, to adopt the handwritten form distributed to the Council as the base document �. for the City Manager's review. Motion carried with Pidcock voting "no". Anderson said he believed the philosophy statement was very important. B. Report of City Manager 1. Leaf Recycling City Manager Jullie noted that at the November 19th meeting Councilmember Anderson had raised the question of providing some form of leaf recycling service to the residents of the community. Jullie stated the Recycling Committee is defunct as committee members believed their mission had been completed. This issue has been given a brief revi-w by Staff and it has been determined that the costs of picking up leaves should be further reviewed using various alternatives such as a pilot area or trial basis. Anderson said he thought it was expensive to have garbage haulers pick up bags of leaves and take them to the landfill when they could be recycled; he did not believe this was cost productive. City Council Minutes -8- December 3, 1985 MOTION: Bentleymoved, seconded b Pidcock to refer this matter Y back to Staff with a report on the leaf recylcing issue to come back to the City Council at its first meeting in February, 1986. F Motion carried unanimously. 2. Report on Reuter Processing Plant on West 62nd Street City Manager Jullie said he had spoken to Don Brauer regarding the Reuter Processing Plant. Brauer indicated Reuter has been able to preserve its allocation and will be in some time soon for a building permit. Peterson suggested the City should have an on-going recycling committee. There :s a need for a study of a uniform collection policy within the City. C. Report of City Attorney There was no report. X. NEW BUSINESS A. Watershed District Aid Anderson said he had discussed with the representatives of the Watershed Districts (with whom the Council met this evening prior to its regular meeting) the fact they have very few requests for studies on which to spend their money. He said he would like to request a study of one of the remaining waterways within the community. Anderson suggested the Council ask the Riley-Purgatory-Bluff Creek Watershed District to study the floodplain area, which would be similar to studies it has helped with the Bloomington and Edina. He also suggested the City ask the Watershed Districts for assistance in preserving the bluffs. MOTION: Anderson moved, seconded by Pidcock, to ask the Watershed Districts to participate 50/50 in a long-range study of the City 's remaining waterways (e.g. Cardinal Creek, Lone Lake, Riley Creek) with the end being the adoption of a plan for those creek corridors; to participate with the City in development a major floodplain study; and to request the Watershed Districts ' assistance in preserving the : bluffs. Bentley said he was hesitant to request participation when there are no cost estimates. City Manager Jullie said he could foresee coming to the Council with cost estimates and then formally petitioning the Districts. Bentley said he thought input was needed from Staff and City Council Minutes -9 December 3, 1985 Commissions; the Cit should have a concept plan. Bentley said he was y P p .Y concerned about doing this without Commission input. Pidcock asked who would do the plan. Bentley said Staff has a good idea as to what has been discussed regarding these areas. Pidcock suggested the Districts might have a mare cosmopolitan view. Anderson said all he was requesting was a study of those areas. Jullie said Staff could do. some preliminary studies; Staff could check with consultants and come back to the City Council with cost estimates. AMENDMENT TO THE MOTION: Anderson moved, seconded by Pidock, to amend the motion to have it referred to City Staff. VOTE ON THE AMENDMENT: Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. XI. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 11:15 p. m. Motion carried unanimously. :j APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL JOINT MEETING WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT NINE MILE CREEK WATERSHED DISTRICT, AND LOWER MINNESOTA RIVER WATERSHED DISTRICT TUE SDAY, DECE14BER 3, 1985 6:00 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath BOARD MEMBERS: Riley-Purgatory-Bluff Creek Watershed Dis- trict: President William E. Sault, Conrad B. Fiskness, Howard L. Peterson, Frederick W. Rahr, James L. Cardinal, Attorney Frederick Richards, an Engineer Robert Obermeyer. Nine Mile Creek Watershed District: President Aileen Kulak, Eugene D. Davis, Larry madden, Helen McClelland, Donald Lofthus, Attorney Frederick Richards, and Engineer John Dickson. Lower Minnesota River Watershed District: President Russell A. Sorenson, Russell Heltne, Cyril B. Ess, William J. Jaeger, Jr. , Attorney Raymond A. Haik, and Engineer Lawrence E. Samstad. CITY STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Planning Chris Enger, Director of Com- munity Services Robert Lambert, Director of Public Works Eugene A. Dietz, Assistant Planner Scott Kipp, Zoning Administrator Jean Johnson and Recording Secretary Karen Michael I. ROLL CALL Councilmember Redpath, Board Members Madden, McClelland, Lofthus, Ess, Jaeger, Attorney Haik, and Engineers Dickson and Samstad were absent. II . APPROVAL OF AGENDA MOTION: Bentley moved, seconded by Pidcock, to approve the Agenda as published. Motion carried unanimously. Joint Meeting Minutes -2- December 3, 1985 `+ III . WATERSHED DISTRICT ACTIVITY REVIEW -- 1984 - 1985 Frederick Richards gave an overview of the role of the watershed districts as outlined in State Statutes. Richards also noted the focus of activity in each of the Districts. IV. REVIEW OF GOALS AND OBJECTIVES FOR 1985 - 1986 { t Richards noted the projects which are scheduled for 1986 in each of the Districts. Each of the District Presidents reviewed the District in which they are involved. V. ITEMS FOR DISCUSSION A. Summary of Watershed District Rules and Regulations -- Permits Required Pidcock asked the relationship of the Districts to the Minnesota Pollution Control Agency. Richards said the Districts have adopted the various water control standards used in the State. He said the Districts look to the PCA for the promulgation of those rules. B. Implementation Processes - Major Areas of Concern Mayor Peterson asked what provisions there are, if any, for salt water run-off. Sorensen explained skimming devices are used. Fiskness stated cities have altered the ratio of sand to salt so there is now more sand used than salt. Anderson asked if Nine Mile Creek, which flows into Bryant Lake and then into Lone Lake, could be tied into the trail system in some manner. He said he believed the Watershed Districts have a unique opportunity to tie the systems together. Rahr asked what value is placed on wetlands by the City of Eden Prairie, the Nine Mile Creek District, and the Lower Minnesota River District. Bentley noted the City is experiencing the pressures of urbanization. He said that PUDs have clustered development away from wetland areas so they are preserved. C. Philosophy of Watershed District in Capital Improvement Programs and Funding of Water Management Projects This area was touched upon by each of the District Presidents in their review of each district. 1F Fi Z. Joint Meeting Minutes -3- December 3, 1985 Mayor Peterson thanked each of the Board Members for attending this informative session. He suggested this be done on an annual basis so the Council might be aware of the efforts of each of the Watershed Districts. VI. ADJOURNMENT MOTION: Pidcock moved, seconded by Bentley, to adjourn the meeting at 7:20 p.m. Motion carried unanimously. .... ?__•� 5; F t:.y t 3 "k F J, f..•. ram.. � + '