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City Council - 02/04/1986 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 4, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Hayor Gary 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 Attor- ney Roger Pauly, Finance Director John ©. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene f 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 items were added to the Agenda: Presentation of Awards of Valor; IX. A. 1. Off-Road Vehicles; IX. A. Piacock;—IX.—.- _2 i8 scussion on Activities at t e aT in fill ; TX_. B.3.� � n a for ­FeFr'uar 10, ii3$b�� eci ounciT F�eetin . C—Micussion regarding{ a ruary -11 1986,-�c a 1Fi ng_. , The following items were removed from the Consent Calendar: III . A. Pro- blems with Remote _Water Reader Meters became item VI1 . A.; ITT. '. 3 �� _ ���'e���no��ee _raa in 7ermitUeeame i em II. C. ; and ITT: T.- Carpenter e�u�est-for La-nd-Use C aT rication became—T/i . . MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. PRESENTATION OF AWARDS OF VALOR Mayor Peterson presented Awards of Valor to David Dobbelmann, David Lind (unable to be present), and Gary Matzinger for their heroic efforts in rescuing Walter Schmidt from his burning pick-up truck after an accident on the morning of December 23, 1985. Peterson congratulated and thanked the men on behalf of the residents of Eden Prairie. City Counci l Minutes -2- February 4, 1986 II . MINUTES A. Regular City Council Meeting held Tuesday, July 2, 1985 page 11 , last para. , next to last sentence: add "consideration" between "for" and "a long". page 27, second para. , line three: change "directed to do so" to "to investigate". MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, July 2, 1985, as amended and published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, October 1, 1985 MOTION: Pidcock moved, seconded by Anderson, to approve the Minutes of the City Council fieeting held Tuesday, October 1, 1985, as published. Motion carried unanimously. C. Special Cif Council Meeting held Monday, December 10, 1985 4 F MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Monday, December 10, 1985, as published. Motion carried unanimously. 0. Joint C 't�r Counc_ill/Fl i-n�c Cloud Airport Advisor Commission of Eden rairie 1�Teetin�—herd-Tuesday,7anuar Tz�9�� MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Joint City Council/Flying Cloud Airport Advisory Commission Meeting held Tuesday, January 7, 1986, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Problems with Remote Water Reader Meters became VII. A. B. Final Plat approval for Parkway Apartments (Chestnut Drive east of Anderson a es ,ir way) - (Resolution No. 86-9-11) C. Clerk 's License List D. Appointment of Weed Inspector and Assistant Weed Inspector E. Rosemount Grading Permit F. Griepentrog Grading Permit - became VII. B. t,. City Counci 1 Minutes -3- February 4, 1986 G. Carpenter Request for Land Use Clarification (Resolution No. 86-24) -- became VII . C. MOTION: Anderson moved, seconded by Redpath , to approve items 8 - E on the Consent Calendar. Motion carried unanimously. r IV. PUBLIC HEARINGS A. Feasibi lit Report for Trunk Sewer and Water improvements in the vicinit of the wed Ro'c- Interceptor, IX—. 52=Uff' esa utlon No. 8T- City Manager Jullie stated notice of this Public Hearing had been published and affected property owners were notified. He also said Staff had conducted an informational meeting for residents. i Director of Public Works Dietz addressed the Feasibility Report. Dietz noted this would probably serve the sanitary sewer needs for the remainder of Eden Prairie. Dietz pointed out that the routing of this line was determined through negotiations by the City and the City of Chanhassen with the Metropolitan Waste Control Commission (MWCC) and the Metropolitan Council. This interceptor would replace what had once been called the MRS line. The City`s share of the cost is $1 .6 million. Myrna O'Brien, 15709 Cedar Ridge Road, asked if would cost the same for someone who lived near the line as it would someone who lives farther away. Dietz explained that the lateral costs might be less in the case of a resident living closer to the line; before any costs are assessed to a homeowner, there will first be a hearing similar to this, Steve Wagner, 8430 Eden Prairie Road, asked how this would affect the zoning of the land to the west of Eden Prairie Road. Dietz said this will not change the zoning but it might have an impact on the timing of the development. Wagner asked if this would mean that land would have to be sold to pay for the assessments. Dietz explained the a assessment process and stated the City 's policy has been to not require a property to be assessed until the time of hook-up or development. i William Marshall , 17591 Pioneer Trail , asked if there was a correlation between sewer extension and the Metropolitan Utility r Service Area (MUSA) Line. Dietz explained how the MUSA Line was determined and the basis for the changes which are proposed. Marshall expressed his concerns about the MUSA Line. A� s City Council Minutes -4- February 4, 1986 Anderson asked what the affect would be of this on properties with green acres . Dietz said assessments are deferred on properties with green acres designation until that designation is removed. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 86-22, ordering improvements for I .C. 52-088, Red Rock Interceptor. Motion carried unanimously. B. PRAIRIE VIEW by Mark Rooney. Request for toning District change from ura to - egional -Service, and preliminary plat of 16+ acres for p shopping center. Location: 1-494 and Highway #5 at the intersection of Prairie Center Drive. (Ordinance No. 4-86 - rezoning from Rural to C-Regional-Service and Resolution No. 86-10 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been {published and property owners within the project vicinity had been notified. Don Brauer, representing developers Mark Rooney and Curt Johnson and property owner Walter Carpenter, addressed the proposal. Planning Director Enger said this request had been reviewed by the Planning Commission at its meetings on December 19, 1985, and on January 13, 1986, at which time the Commission voted to recommend approval subject to the recommendations included in the December 6, 1985, and January 10, 1986, Staff Reports. The Commission also requested that the proponents provide interior connections to the walkway on Prairie Center Drive. Director of Community Services Lambert stated this request had been reviewed by the Parks, Recreation & Natural Resources Commission at its meeting on February 3, 1986, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Reports. Anderson expressed concern regarding Plaza Drive and the fact that although there are three-traffic lanes it is often busy; he suggested the City might wish to acquire more right-of-way for additional traffic lanes. Enger said the Commission and Staff recommendation would allow for another traffic lane. Bentley stated he was concerned about traffic circulation within the proposal Anderson said he did not believe the deciduous trees would provide screening. Enger said that berming and evergreen trees were looked upon as the items to be used for screening; evergreens really do not work in a parking lot. Brauer stated that they did not wish to screen a lot of the area in a commercial development. r City Council Minutes -5- February 4, 1986 Bentleyasked about the green cupolas. Brauer said these were 9 P regarded as an architectural item and not a screening device. Bentley i recalled previous discussions by the Council at which time cupolas were regarded as signs . Enger said that, in this case, the green cupola was determinted by Staff to be an architectural item and not ° a roof-top sign. Pidcock asked if provisions had been made whereby the mall could be enclosed at a later tine. Brauer indicated provisions had been made for just that. There were no comments from the audience. MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 4-86. Motion carried unanimously. MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No. 86-10, approving the preliminary plat of Prairie View for Mark Rooney. Motion carried unanimously . MOTION: Anderson moved, seconded by Pidcock, to direct Staff to prepare a Developer 's Agreement per Commission and Staff recom- mendations. Enger asked City Attorney Pauly for clarification regarding the signage situation. Pauly stated that no one can take away the proponent 's right to appeal. The City Council has the right to review the decision of the Board of Appeals but it does not have the right to make variances without going throught the Board of Appeals. VOTE ON THE 140TION: Motion carried unanimously. i C. THE FARM by Countryside Investments. Request for rezoning from Rural to 1-13.5 and preliminary plat of 22.5 acres into 44 lots and one out 1 ot. Location: north of Duck lake Trail, east of King of Glory church. (Ordinance No. 5-86 - rezoning from Rural to R1-13.5 and Resolution No. 86-20 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and adjacent property owners had been notified. Ron Krueger, representing Countryside Investments, addressed the request. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on January 13, 1986, at which time the Commission voted to approve the request subject to the recommendations included in the Staff Report dated January 10, 1986, and based on plans dated December 26, 1985. City Council Minutes -6- February 4, 1986 Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on February 3, 1986, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report. Peterson questionned the cul -de-sac. Enger said this was the only way to serve this project. Anderson asked for clarification about the Conservancy Linea Lambert, using a map, explained the area included. Ron Akehurst, 6800 Park View Lane, expressed concern about the loss of trees due to sewer construction; he said he would be willing to grant an easement over a part of his property so as not to lose trees. Krueger said he did not see where there would be a problem in rerouting the sewer; however, this would necessitate getting easements from other property owners in the area. Bentley said he would like to see actual dollar amounts and a specific design before he would vote to commit the City 's participation in such a project. Peterson suggested that approval might be based on resolution of this issue. Martin Kehn, 6715 - 175th Avenue, expressed concern about the drainage and the additional traffic which would be generated by this proposal. Dietz stated the drainage plans are not final and there would be no more traffic generated by this proposal than would be generated in any other single-family neighborhood. s MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 5-86. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. f 86-20, approving the preliminary plat of The Farm for Countryside Investments. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement per Commission and Staff recom- mendations with 2nd Reading of the Ordinance to take place only upon resolution of the sewer issue. Motion carried unanimously. D. ALPINE VILLAGE by Herlitz Construction. Request for rezoning from Ri- 22 13.for 8.23 acres and preliminary plat of 8.23 acres into 17 lots. Location: east of Alpine Trail, south of Chicago, Ili lwauk ee, St. Paul and Pacific Railroad. (Ordinance No. 6-86 - rezoning and Resolution No. 86-23 - preliminary plat) City Manager Jul11e stated notice of this Public Hearing had been published and property owners within the project vicinity were notified. �. I City Council Minutes -7- February 4, 1986 i Charles Habiger, representing the proponent. Heriitz Construction, addressed the request. i 1 Planning Director Fnger said the Planning Commission had reviewed this { request at its meeting on January 13, 1986, at which time it voted to recommend approval of the request subject to the recommendations included in the Staff Report dated January 10, 1986, and based on plans dated January 7, 1986. Director of Community Services Lambert stated this request had been reviewed by the Parks, Recreation & Natural Resources Commission at its meeting on February 3, 1986, at which time the Commission expressed concern about the lack of grading plans. The Commission voted to recommend approval contingent on grading plans being approved. Bentley asked if the developer would pay the total cost of the sewer•. Habiger said the developer would do so. Anderson questionned crossing the floodplain to provide sanitary sewer service to this area. He said he would like to have the Parks, Recreation & Natural Resources Commission take another look at this proposal . Anderson suggested the possibility of a trail along the sewer easement since a possibility for a traii might exist if the sewer were to be connected to the south or to the east. Bentley said he would like to have the Parks, Recreation & Natural Resources Commission review this when there is a grading plan g available. Enger explained the reasons for bringing this to the Council this evening. 1 Redpath recalled there was a proposal for townhouses on this property before the Council last year and the reasons which were given by the residents of the area for not wanting that type of development. Redpath pointed out what the advantages would have been in saving some of the natural resources in the area if that development had been allowed. Duane Harvey, 16190 :alpine Way, said he could not support the previous proposal for multi -family use because the use was inconsistent with what is in the area adjacent to the proposed development. He stated that the Alpine Way area is one of large single-family homes on 3/4 acre lots. He said if multi -family had been approved in this area, it would have been the only multi-family development in the corridor to Glen Lake. } City Council Minutes -8- February 4, 1986 Allan Cailander, 16165 Hillcrest Lane, said he bought in this area two and a half years ago because of the well -planned nature of the area. He said this plan is better than others which have been presented. He said he would like to go on record as being against any extension of the roadway to the east. Harvey said this plan is consistent with the surrounding area. He said people bought homes in this area based on the comprehensive Guide Plan. MOTION: Anderson moved, seconded by Redpath, to continue the Public Hearing and to table action on this item for four weeks to the P4arch 4, 1986, meeting of the City Council . Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 25145 - 25380 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of k Claims Nos. 25145 - 25380. Roll call vote: Anderson,, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COP414UNICATIONS t A. Problems with Remote Water Reader Meters Bentley said he thought the memorandum included in the Council Packet addressing this problem was vague as to what was being suggested to resolve this issue. He said he would like to see each of the issues raised in the memorandum addressed individually. MOTION: Bentley moved, seconded by Redpath, to continue action on this item for two weeks to the February 18, 1985, Meeting of the City { Council. Motion carried unanimously. B. Griepentrog Grading Permit Anderson said he would like to have specifics as to the parcel of land and what is being proposed. He said he believed the long-range plans for this area were for this to be included in the Minnesota Valley Wildlife Refuge. Director of Public Works Dietz gave the history of this area. City Manager Jullie said the building to be constructed here would be used to house bee-keeping materials and that use is allowed in a Rural zone. I City Counci 1 Minutes -9- February 4, 1986 i Bentley asked if the use is denied, would the Council be depriving Griepentrog of his property rights. Anderson said he did not believe the Council had enough information to make a decision. MOTION: Pidcock moved, seconded by Anderson, to continue action on this item unti l detailed information regarding the type of structure to be built is available. City Attorney Pauly stated there has to be some reasonable basis for denying a grading permit such as an unsafe condition, etc. THE MOTION WAS WITHDRAWN BY PIDCOCK WITH ANDERSON'S CONSENT. MOTION: Pidcock moved, seconded by Redpath, to approve the grading permit for the Griepentrog's (No. 85-50 - 17401 Flying Cloud Drive). Motion carried with Anderson and Bentley voting "no". C. Carpenter Request for land Use Clarification Bentley said he did not find a necessity for this and stated it would be a departure from practice; he said was very concerned about adopting a resolution stating these things. He did not wish to set a precedent. x Planning Director Enger said the Guide Plan does not really show much in this area. Director of Public Works Dietz reviewed the reason for this request and noted that Highway 5 was going to be closed to this property. Dietz noted his memorandum of January 31, 1986, in which this issue was addressed. Enger stated the Major Center Area (MCA) PUD (Planned Unit Development) has deemed this area to be commercial. Bentley said he could understand a Guide Plan designation clarifying this but he could not go along with Carpenter 's request. R Enger said the City could do as it had done with the Miller property which was to send a letter telling the proponent what the City believed the property should be designated. Bentley said he did not want to make a commitment on the part of the City without going through the norrnal process. MOTION: Pidcock moved, seconded by Redpath, to deny Resolution No. 86-24 and to have Staff notify Carpenter by letter of the Counci l 's r action. 14ot i on carried unanimously. F City Counci 1 Minutes -10- February 4, 1986 VIII . REPORTS OF ADVISORY C0114ISSIONS There were no reports. =Y i IX. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Reports of Council Members 1. Off-Road Vehicles - Anderson noted problems with off-road vehicles in Staring Lake Park and other parks as well as on private property. He stated the trails were meant for hikers and not snow-mobiles and three-wheeled vehicles. Director of Community Services Lambert concurred with Anderson. Redpath asked if the parks should be posted "no snowmobiles". City Attorney Pauly said if that is done the City 's potential liability is lowered. Anderson said he would recommend the Parks, Recreation & Natural Resources Commission look into this. He said he would like to see some signage regarding this at Staring Lake. Anderson said he would like to see Public Safety enforce the Ordinances; these vehicles should not be on the trails. City Attorney Pauly stated the City Code prohibits snowmobiles on any public lands and frozen waters and on hikeways and pedestrian walkways. MOTION: Bentley moved, seconded by Redpath, to refer this issue to the Parks, Recreation & Natural Resources Commission for its review of the pertinent ordinances and to see if further restrictions are needed; and to ask Public Safety to monitor and enforce existing Ordinances dealing with this matter. Motion carried unanimously. 2. Pidcock - MOTION: Pidcock moved. seconded by Anderson, to direct Staff to obtain information regarding the amount paid for the Mitchell Road property which was purchased for a City Hall site; the dollar amount of taxes taken off the rolls as a result of this purchase; and review of the motion made by Bentley and seconded by Peterson regarding the restrictions or lack of placed upon the Site Selection Committee; and to discern whether or not any promises were made in writing to any of the property owners in the Prairie Center Drive vicinity now under consideration as a site for City Hall . City Council Minutes -11- February 4, 1986 Bentley said he had asked what sites were going to be considered by the Committee at the time it was appointed. He said at that time the sites were pointed out on a map and he was under the impression that there were six sites to be investigated further. Anderson said he was interested in seeing to it that a bond issue was passed ; tie did not wish the issue to become hotly debated by the Council . He said he would withdraw his second for the sake of unanimity. MOTION WAS WITHDRAWN BY PIOCOCK WITH ANDERSON'S CONSENT. MOTION: Pidcock moved, seconded by Bentley, to direct Staff to report back to the Council as to the amount paid for the Mitchell Road City Hall site and the amount of tax dollars removed from the tax rolls as a result; and to deem whether or not any promises were made to property owners in the vicinity of Prairie Center Drive regarding a City Hall in that location. Motion carried unanimously. 3. Pet ers on MOTION: Pidcock moved, seconded by Peterson, to nominate Paul Redpath for the C.C. Ludwig Award which is given annually at the r League of Minnesota Cities Convention. Motion carried unan- imously. B. Report of City Manager f 1. Leaf Recycling (continued from 12-3-85) MOTION: Bentley moved, seconded by Anderson, to adopt the recommendation of Staff which was to have Staff work with licensed haulers in the City to have them provide leaf collection services with appropriate assistance from the City to publicize their services. Motion carried unanimously. 2. Discussion on Activities at the Landfill City Manager Jullie stated he had met with representatives of the Flying Cloud Sanitary Landfill on February 3, 1986. Dr. Roy Ball, consultant, will make a presentation at the February 18, 1986, meeting of the City Council on the report which has just been completed. The report indicates there are no serious problems now at the Landfill. Jullie stated the Company has said work is being done on the compensation plan. The Company has said there is an urgent need to begin grading work; work must begin soon in order City Council Minutes -12- February 4, 1986 to place the clay liner in the expansion area. The Company does not agree with the City 's position that a grading permit is necessary. He said the Company intends to bring its grading plans into the City by the end of this week. Jullie said the Company will start grading tomorrow. Peterson said it appeared to him that the Company was presuming the City Council was going to go along with the proposed land use. Anderson said if the City allows the Company to start grading that + would be condoning what it is doing. City Attorney Pauly stated that he did not agree with the Company 's position. He said he did not see where their argument has any merit. Anderson asked if the City would allow anyone else to proceed with grading without a permit. He said he did not see where it was to the City 's advantage to allow this. Bentley said the Council had given no indication to the Company that expansion would be allowed. Bentley suggested that until the Council has taken active, positive action regarding the landfill issue. the City should cite the Company because it is violating City Ordinances - the Company will be grading without a permit. Peterson stated that the Company had been given reason to believe, by authorities higher than the Council, that it will be given their• permit. Anderson said the Council has an obligation to the residents of Eden Prairie and the residents wish to have the Council make a statement regarding the landfill. MOTION: Bentley moved, seconded by Anderson, to direct Staff to 3 enforce the City 's Ordinances and to do whatever is necessary to ' enforce ahem; Staff is not to issue a grading permit until the City Council so authorizes. Jullie stated the compensation package might be in jeopardy if the City does not issue the Company a grading permit. Anderson said the City has played the Company 's game too long. Peterson said BFI cannot quarrel with the City enforcing its Ordinances. VOTE ON THE MOTION: Motion carried unanimously. 3. Agenda for February 10, 1986 Special Meeting City Manager Jullie called attention to the Special Meeting to be i held on Monday, February 10, 1986, at which time candidates for the various City Boards and Commissions will be interviewed. There was discussion as to the format of that meeting. City Council Minutes -13- February 4, 1986 4. Discussion regarding February 11, 1986, Special Council Meeting #+ City Manager Jullie said it appeared the cost information on a site for a new City Hall would not be available for the scheduled Special Council Meeting to be held on Tuesday, February 11 , 1986. He said Staff would not have an answer on the question of the impact of moving the park entrance to the west side of the proposed park by then. Jullie suggested the meeting be cancelled with reports to the Council to be on the February 18, 1986, Agenda. Anderson asked if a site needed to be decided upon prior to the referendum. He said he thought the site could be picked later. Bentley said he thought a date for the referendum should ; be determined and then a site could be selected prior to the referendum. Peterson said he did not know if this would speed up the process, he said he would like to see the Architectural Review Committee working. R MOTION: Anderson moved, seconded by Bentley, to cancel the February 11 , 1986, Special Meeting of the City Council, and to continue working to set a referendum date as well as what is to be included in the referendum. Peterson expressed concern about the fact that the Architectural Review Committee cannot do much until a site is selected and he would like to see a site selected so their work can proceed. He said he did not believe the motion helped to speed up the process. ANDERSON WITHDREW HIS MOTION WITH BENTLEY'S CONSENT. MOTION: Bentley moved, seconded by Anderson, to cancel the Special Meeting of the City Council scheduled for Tuesday, February 11, 1986. Motion carried unanimously. Jullie said the information which the Council has requested should be available the last week in February. MOTION: Bentley moved, seconded by Anderson, to set a Special Meeting of the City Council for Tuesday, February 25, 1986, to discuss a site for the new City Hall. Motion carried unanimously. C. Report of City Attornp There was no report. X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the Meeting at 12:30 a.m. Motion carried unanimously.