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City Council - 08/05/1986 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 5 . 1986 7:30 PM, SCHOOL ADMINISTRATION BOARD- ROOM COUNCIL MEMBERS: Mayor 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 Attorney Roger Pauly, Finance Director John D . Frane , Planning Director Chris Enger, Director of Community Services Robert Lambert , Director of Public Works Eugene A . Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Bentley was absent . L. APPROVAL OF A;ENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX . B. 2. Request from American Cancer Society; IX. B . 3 . Discussion relative to Financing for Mahler Hotel . MOTION: Anderson moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously. II. MINUTES A. Regular City Council Meeting held Tuesdayp July 15,E 1986 MOTION: Redpath moved, seconded by Pidcock, to approve the Minutes of the regular City Council Meeting held Tues- day, July 15, 1986, as published . Motion carried unani- i7iGaaiy. B. Special City Council Meeting; held Thursday, July 24, 1986 MOTION: Anderson moved , seconded by Pidcock, to approve the Minutes of the Special City Council Meeting held Thurs- day, July 24, 1986, as published . Motion carried unani- mously. tr �F_ Ys y4i .y City Council Minutes -2- August 5. 1986 f III . CONSENT CALENDAR A . THE, GARDEN, by Hakon and Karen Torjesen. 2nd Reading of Ordinance #22-85 , Zoning District Change from Rural to RI-13 .5; Approval of Developer' s Agreement for Luknic 5th Addition (aka The Garden) ; and Adoption of Resolution #86- 153 , Authorizing Summary of Ordinance #22-85, and Ordering Publication of Said Summary. 10.16 acres into 25 single family lots. Location: North of Rowland Road, West of Shady Oak Road . (Ordinance #22-85 , Rezoning; Resolution #86-153, Authorizing Summary and Publication) Continued from July 1 , 1986 , Council meeting) B . IDLEWILD OFFICE CENTER 3RD ADDITION, by Land Sake , Inc . 2nd Reading of Ordinance #32-86 , Zoning District Change from Rural to Office ; Approval cf Developer' s Agreement for Idlewild Office Center 3rd Addition; and Adoption of Reso- lution #86-182 , Authorizing Summary of Ordinance #32-86 and Ordering Publication of Said Summary. 2 .1 acres into 1 lot and 1 outlot for construction of a 14,000 square foot building. Location: West of Highway #169. north of Eden Road . Ordinance #32-86, Rezoning; Resolution #86-182 , Authorizing Summary and Publication) C . LAKE PARK, by the Rottlund Company , Inc . 2nd Reading of Ordinance #34-86, Amending Ordinance No . 326, Zoning Dis- trict Change within the RM-6 . 5 District ; Approval of Devel- oper' s Agreement for Lake Park Addition; and Adoption of Resolution #86-183, Authorizing Summary of Ordinance #34- 86 and Ordering Publication of Said Summary. 16 .7 acres into 102 lots for construction of 98 townhome units . Loca- tion: Southwest quadrant of County Road #4 and Timber Lakes Drive . (Ordinance #34-86. Amending Ordinance No . 326; Reso- lution #86-183, Authorizing Summary and Publication) D . EIGHTEEN PARK BUSINESS CENTER , by Investment Services Group, Inc . 2nd Reading of Ordinance #36-861 Zoning District Change from the I-5 Park District to the I-2 Park District ; Approval of Developer's Agreement for Ei hteen Park Busi- ness Center; and Adoption of Resolution 86-184, Authorizing Summary and Publication of Said Summary . 2 .85 acres into one lot for construction of a 37,000 square foot office/ warehouse . Location: West of Washington Avenue , South of Flying Cloud Drive . (Ordinance #36-86, Rezoning; Resolu- tion 86-184, Authorizing Summary and Publication) E . RESOLUTION No . 86-149 APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION F . 1ST READING OF ORDINANCE No . 4,3-86 AMENDING CITY CODE CHAP- TER 8 . SECTION 8 . 09, WHICH REGULATES PARKING LOTS AND RAMPS City Council Minutes -3- August 5, 1986 G. 1ST READING OF ORDINANCE NO . 44-86 AMENDING CITY CODE CHAP- TER 7 BY ADDING THERETO A NEW SECTION 7.08, WHICH PROHIBITS MOTOR VEHICLES FROM USING PRIVATE PROPERTY TO AVOID TRAFFIC CONTROL SIGNALS AND DEVICES H . Approve plans and specifications for Dell Road and Hidden Glen 3rd Street and Utility Improvements and authorize bids to be received , I .0 . 52- 02 Resolution No . - 98 1 . Receive petition for street and utility improvements for Bennett Place south of Creekrid a Drivey and authorize preparation of a feasib,ilit s ud I .0 . 2- 0 Resolution 4 No . - 9 k J . Final Plat ARproval of Feffer 2nd Addition West of Washing- ion Avenue north of Hamilton Drive Resolution No . 8 - 9 K . Final Plat approval for Emma Cove Addition _ (West of CSAH 4 and south of Baywood Lane ) Resolution No . 195 L. Final Plat approval for Lake Park West of CSAN 4 and south of Timber Lake Drive Resolution No . 8 -19 M. Approval of Burning Permit Regulations N. Clerk's License List 0 . Resolution declarina costs to be assessed and ordering prerp- aration of 1986 Special Assessment Rolls and setting, hearing date Resolution No . 97 P. Resolution approvIng schedule and ermanent construction for Valley View Road Resolution No . -192 Q . Resolution No . 86-199 Authorizing Execution of SuRplemental Indenture Number One with Respect to the _$7,865 , 000 City of Eden Prairie Multi-Family Housing Development Revenue Bonds for Eden Pointe Apartments Project R . Resolution No . 86-200 Authorizin Execution of Supplemental Indenture Number One with Respect to the $ .235,000 City of Eden Prairie Multi-FamilyHousing Developaent Revenue Bonds for Preserve Place Apartments Project MOTION: Redpath moved, seconded by Anderson, to approve Items A-R on the Consent Calendar . Motion carried unani- mously. f s City Council Minutes -4- August 5, 1986 IV . PUBLIC HEARINGS A . PRAIRIE COURTS, by Ronald A . Christenson. Request for Comprehensive Guide Plan Amendment from Office to Neigh- borhood Commercial on 3 .7 acres, Planned Unit Development Concept Amendment on 37 .19 acres, Planned Unit Development District Review on 37 .19 acres with variances, Zoning Dis- trict Change from Rural to Neighborhood Commercial on 3 .7 acres, and Preliminary Plat of 3 . 7 acres into I lot for construction of a 32,000 square foot commercial center. Location: East of County Road #4, north and west of Wagner E Lay . (Resolution #86-167, Comprehensive Guide Plan Amend- ment; Resolution #86-168, PUD Concept Amendment; Ordinance #39-86-PUD-7-86, PUD District and Rezoning; Resolution #86- 169, Preliminary Plat ) A continued public hearing from the July 15, 1986 Council. meeting Assistant to the City Manager Craig Dawson stated that this item was continued from the .Iuly 15 , 1986 meeting of the City Council . John Uban and Gary Vogel , representing proponents, addres- sed the proposal . Planning Director Enger said that , since the July 15th meeting, Staff had met with the County and State Highway Departments to present the details of the traffic study dated July 3, 1986 conducted by Benshoof & Associates, Inc . in order to determine whether they would consider the temporary improvements recommended for the Hwy . 4 and 5 intersection. He reviewed some of the recommendations from the traffic study and said that the Highway Depart- ments agreed that the proposed temporary improvements are feasible and desirable but that they would not be able to participate in the cost and , further, that if the City decided to go ahead with the temporary improvements, they would need a resolution from the City asking the State to do the improvements . Enger said that , if approved, the State would be respon- sible for doing the design and construction and that the project would probably be scheduled for early next year. He said the total cost for the turn-lane paving change and the signal controller change would be approximately $309000 . He said that the Prairie Courts proponents and the Minnetonka State Bank proponents had been advised in the planning stages that they would have to provide for the improvements in order to open the facilities prior to the permanent improvements to the intersection. JI City Council Minutes -5- August 5. 1986 -s Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission reviewed the project after the July 15th Council meeting to address the problem of pedestrian and bicycle traffic on the east side of Hwy 4. He said that the Parks Commission recom- mended approval subject to the Planning Commission recom- mendations with the addition that proponents provide for an 8-foot asphalt trail on the east side of Hwy 4. He said the Commission also recommended that the trail be extended to Valley View and that Staff talk to the County and State about putting in an overhead bicycle bridge over Hwy 5 . Peterson asked if the State ?,ould actually let contracts on Hwy 4 as well as Hvw 5 . Enger said he was not sure on the temporary improvements but that the State would oper- ate as the lead agency for the permanent improvements . Peterson then asked about the situation at Wagner Way and Hwy 4. Enger said that the traffic study had recommended a right-turn lane on Wagner Way and that the Planning Com- mission was recommending proponents provide for that turn lane . Peterson then asked if the temporary improvements to Hwy 4 and 5 are expected to provide for easier left turns out of the project . Enger said that the split-phase signal should make the lines shorter by clearing the left-turn lanes more rapidly and that the widening of Hwy 4 north and south of the intersection would allow the right-turn lanes from Hwy 4 onto Hwy 5 to operate independently farther back from the intersection. Peterson expressed his concern that the continuous flow of traffic from Hwy 5 north onto 4 at peak hours would make it impossible to turn left onto Hwy 4 from Wagner Way. Enger agreed with his concern and noted that Staff believes that a signal light at Wagner Way should be part of the plans for the permanent improvements and that such a sig- nal light would help the situation. Anderson noted that he felt the temporary improvements would alleviate the stacking problems on Hwy 4, therefore he believed this would produce a better situation than currently exists at the intersection. Redpath expressed concern about the traffic on Sheldon Ave . and asked if a one-way section through the project had been considered . Enger said that such a short one-way setup is difficult to enforce and causes frustration to drivers. i s City Council Minutes -6- August 5, 1986 Anderson asked about the possibility of specifying no left turns from Wagner. Enger said he thought the situation might be helped by prohibiting left-hand turns into Dris- kills ' southern entrance . Redpath commented that this would seem to be restricting Driskills in favor of a new development . Pidcock said she thought the traffic will probably take alternate routes such as Carnelian out of sheer frustra- tion. She then asked if the traffic study had been done on projected traffic volume when the development is com- pleted . Enger said that it was done based on full develop- ment of the northeast area of the intersection as currently proposed and at the year 2000 traffic levels on Hwy 4 and 5 . Pidcock then expressed concern as to whether the study projections were based on a low growth rate . Enger res- ponded that he felt the City was protected in this regard because the independent traffic study was done and the traffic projections from the proponents were not relied on by the City. Anderson asked if the developers had been asked to pro- vide the estimated $30,000 for the temporary improvements to the intersection. Enger replied that Staff had spoken �. with both the Prairie Courts and the. Minnetonka State Bank developers and they indicated willingness to split the cost . Doug Chesney, 16272 Sheldon Ave . , said that he was con- cerned about the traffic , particularly truck traffic , on Sheldon in view of the many children who live along that street . Walt Lusian, 162?5 Sheldon Ave . , said that he believed Sheldon should be separated from Wagner Way in a permanent fashion even though that would make Sheldon a cul-de-sac . Redpath noted that if Sheldon were blocked it would be difficult to get rescue vehicles into the residential area . Peterson asked if there were any other provisions that could be made at the link and at Sheldon that would dis- courage traffic on Wagner Way. Enger responded that they had considered permanent blocking of Sheldon and Wagner as well as a temporary barrier that could be used by emer- gency vehicles, but that neither alternative would be practical. He said he believed Sheldon had always been expected to have quite a bit of traffic and was not ex- pected to be a very quiet residential street . i ti City Council Minutes -7- August 5. 1986 3 Anderson asked where the pedestrian crossing would be for the neighborhood and if there would be a safe crossing across Hwy 4 to the playground at Round Lake . Lambert said the crossings would be at Valley View, Wagner and Hwy 5 and noted that the reason for the Parks Commission recommendation for a trail along the east side of Hwy 4 was to provide for a safe crossing to the Round Fake facilities . Peterson asked if the section of the trail from Sheldon to Valley View would be built at City ex- pense . Lambert said it would . MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No . 86-167 approv- ing the Comprehensive Guide Plan amendment from Office to Neighborhood Commercial on 3 .7 acres. Motion carried a unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No . 86-168 approving the PUD Concept Amendment to the overall Gonyea 4th Addition PUD Concept on 37 .19 acres . Motion carried unanimously . MOTION: Redpath moved, seconded by Anderson, to adopt ( 1st Reading of Ordinance No . 39-86-PUD-7-86 approving the PUD District Review on 37 .19 acres with variances and Zoning District Change from Rural to Neighborhood Commer- cial on 3 .7 acres . Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No . 86-169 approving the Preliminary Plat of Prairie Courts for Ronald A . Christenson. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to direct. Staff to prepare a Developer' s Agreement incorporating recommendations of Commissions and Staff, and including the proposed trail along the east side of Hwy 4 and a commitment to fund the temporary improvements to the Hwy 4 and 5 intersection as recommended by the traffic study of July 3, 1986 . Motion carried unanimously. Redpath further recommended that Staff look into the feasibility of making Wagner Way one-way south from Sheldon Ave . B . MINNETONKA STATE BANK, by Robert R . Copeland and Raymond O . M thun. Request for Planned Unit Development Concept Amendment on 37.19 acres, Zoning District Change from I 4 s a City Council Minutes -8- August 5 , 1986 Rural to Community Commercial on 3 .458 acres and Prelimi- nary Plat of 3 .458 acres into one lot for construction of a bank building. Location: Northeast corner of Highway #5 and County Road ##4. (Resolution #86-185, PUD Concept Amendment; Ordinance #40-86, Rezoning; Resolution ##86-186, Preliminary Plat ) Assistant to the City Manager Craig Dawson stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Don Brauer and Nick Ruehl , representing proponents, addres- sed the proposal . Planning Director Enger said that the Planning Commission reviewed this project at their July 14th meeting and recom- mended approval of the proposal on a 4-2 vote, subject to the recommendations contained in the Staff Report of July 11 , 1986 . He said that the recommendations in the Staff Report included such items as modifying the landscape plan to provide better screening of the parking area, submit sam- ples of proposed exterior materials for review, and submit detailed storm water run-off plans . He said they also recommended that the project not proceed until the Hwy 5 and 4 intersection is upgraded and that the temporary bank facility not open until the permanent building is under construction. Director of Community Services Lambert said that the Parks. Recreation and Natural Resources Commission reviewed this project at their July 21st meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Plan- ning Commission and Staff and subject to the developer's providing for an eight-foot asphalt trail along the east side of Hwy 4. Redpath noted that he thought this project was quit6 an improvement over the two fast food restaurants originally planned for the corner. Pidcock asked about the size of the trees in the landscape plan. Tom Schweibert, representing proponent, said that they are including about four times the amount of landscap- ing required and that the plan includes a variety of types and sizes of trees. Enger noted that the deciduous trees would be 2-1/2 inches in diameter and the evergreens would range from six to ten feet . V City Council Minutes -9- August 5, 1986 p w Peterson asked about the effect of salt from heavily traveled roads such as along Hwy 169 and if this problem would occur at the intersection of Hwy 4 and 5 . Enger responded that salt spray is a problem with evergreens but that the speed along Hwy 4 is not like Hwy 169 . He said Staff will review the evergreens along Hwy 4 to make sure . k Peterson questioned the recommendation regarding the temporary facility and said he thought a formula should be devised to ensure that it is quite temporary and to not allow delays in the building of the permanent struc- ture since he had seen other projects begin and then get stalled. Redpath asked if this was the bank that was located near the 7-Hi Shopping Center as that temporary facility was there for a long time . Bob Wise , representing proponent, said they were not at that location and that they are anxious to come in with a temporary facility at the same time they begin the permanent construction and would be willing to abide by time constraints placed on the tem- porary facility. A discussion of an appropriate time period for the existence of the temporary facility follow- ed . Dave Bowers, 15800 Valley View Road, expressed his con- cern that the construction and design is not unique and that this corner deserves a better quality design. Schweibert responded that the site has required certain design features and that The Bank is part of a larger holding company that provides design guidelines . Anderson noted that he thought a bank is an improvement in the area considering the other buildings located nearby. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No . 86-185 approving the PUD Concept Amendment on 37 .19 acres . Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to approve 1st Reading of Ordinance No. 40-86 for Zoning District Change from Rural to Community Commercial on 3 .458 acres . Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No . 86-186 approving the Preliminary Plat of Minnetonka State Bank for Robert T . Copeland and Raymond O. Mithun. Motion carried unanimously. i City Council Minutes -10- August 5 . 1986 MOTION: Anderson moved , seconded by Pidcock, to direct Staff to prepare a Developer' s Agreement incorporating Staff and Commission recommendations, the proposed trail along the east side of Hwy 4, a commitment to fund the temporary improvements to the Hwy 4 and 5 intersection as recommended in the traffic study of July 3, 1986. and with an 18-month limit on the temporary structure . Motion carried unanimously . C . MEADOWPARK 2ND ADDITION, by Spuds, Inc . Request for Comprehensive Guide Plan Amendment from Low Density Resi- dential to Fire Station on 3 .28 acres, Zoning District Change from Rural to Rl• 13 .5 on 5 . 84 acres and from Rural to Public on 3 .28 acres with Preliminary Plat of 9 .12 acres into 8 lots, one outlot , and road right-of-way for construc- tion of 7 single family lots and Fire Station. Location: East of Homeward Hills Road, north of Sunnybrook Road . (Resolution #86-187, Comprehensive Guide Plan Amendment ; Ordinance #41-86 , Rezoning; Resolution #86-188, Prelimi- nary Plat) Assistant to the City Manager Craig Dawson stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Rick Williams, representing proponents, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed the project at their July 14th meeting and, after a considerable amount of discussion about the proposed fire station site , recommended approval of the request on a 6-0 vote . subject to the recommendations contained in the Staff Report of July 11 , 1986 . He said the recommen- dations included revising the Preliminary Plat to reflect the appropriate location for Homeward Hills Road and revising the grading plan to provide better drainage along two of the rear lot lines. Enger said that recent com- munication with NSP indicates that the fire station can use part of the powerline easement, thus allowing a greater setback from Homeward Hills Road than had been anticipated at the time of the Planning Commission discussion. He added that the issue has not been completely resolved at this point . Representatives of the Public Safety Dept . were available to answer questions . l There were no comments from the audience . MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No . 86-i.87 approving t City Council Minutes -I1- August 5, 1986 the Comprehensive Guide Plan Amendment from Low Density Residential to Fire Station on 3 .28 acres . Motion carried unanimously . MOTION: Redpath moved , seconded by Pidcock, to approve 1st Reading of Ordinance No . 41-86 for Zoning District Change from Rural to R1 -13 .5 on 5 .84 acres and from Rural to Public on 3 .28 acres . Motion carried unanimously . MOTION: Redpath moved , seconded by Anderson, to adopt Resolution No . 86-188 approving the Preliminary Plat of Meadowpark 2nd Addition for Spuds, Inc . Motion carried unanimously-. MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare a Developer' s Agreement incorporating Staff and Commission recommendations . Motion carried unanimously. D . PRIMETECH PHASE III, by MRTT Joint Venture . Request for Planned Unit Development Concept Amendment on 20 acres, Planned Unit D velopment District Review on 20 acres with Zoning District Change from Rural to Office with variances on 5 .86 acres, and Preliminary Plat of 5 .86 acres into one lot for construction of a five-.story office building. Location: West of Highway #169, east of City West Park- way . (Resolution #86-189, PUD Concept Amendment; Ordi- nance #42-86, Rezoning; Resolution #86-190, Preliminary Plat ) Assistant to the City Manager Craig Dawson stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ron Erickson, representing proponent, addressed the pro- posal . Planning Director Enger said the Planning Commission re- viewed this project at their July 14th meeting and recom- mended approval on a 6-0 vote , subject to the recommendations in the Staff Report of July 110 1986 . He said the Commis- sion was particularly concerned with adequate landscaping and with the retaining wall off the south side of the build- ing, recommending that it be tiered back to provide a break in its massive appearance . Peterson asked if there had been an agreement reached on the retaining wall . Erickson responded that they have agreed to the recommendations regarding the retaining wall { and the wall will be terraced and made of brick to match the building. 1 u L City Council Minutes -12- August 5, 1986 Anderson asked if this was the last development in Prime- tech . Enger said it was . Anderson then asked about plans for the hill behind the project . Enger replied that that area is owned by another party and is outside of City West . There were no questions from the audience . MOTION: Anderson moved , seconded by Pidcock, to close the t Public Hearing and adopt Resolution No . 86-189 approving the Primetech Phase III PUD Concept Amendment to the over- all City West PUD . Motion carried unanimously. MOTION: Anderson moved , seconded by Redpath, to approve 1st Reading of Ordinance No. 42-86 for Rezoning. Motion carried unanimously . MGTION: Anderson moved , seconded by Redpath, to adopt Resolution No . 86-190 approving the Preliminary Plat of Primetech Phase III for MRTT Joint Venture . Motion car- ried unanimously . MOTIONS Anderson moved . seconded by Pa.dcock, to direct Staff to prepare a Developer' s Agreement incorporating Commission and Staff recommendations, subject to the Staff C approval of the plans for the retaining wall . Motion car- ried unanimously . V . PAYMENT OF CLAIMS NOS . 28574 - 282g§ MOTION: Anderson moved, seconded by Redpath, to approve the Payment of Claims Nos . 28574 - 28986 . Roll call vote: Anderson, Pidcock, Redpath and Peterson voted "aye" . Motion carried unanimously. V I . PETITIONS , REQUESTS & COMMUNICATIONS A . Request for Human Services Planning for the City, of Eden Prairie Assistant to the City Manager Craig Dawson said that the South Hennepin Human Services Council had convened an ad hoc committee this spring to help assess human services needs in Eden Prairie and that the Information obtained by the committee was to be used in developing proposals to Hennepin County through identification of priority needs in the City . He said that , after providing the in- formation to the Human Services Council, the committee continued to meet as a group because the members believed City Council Minutes -13- August 5, 198E �Y a need exists in Eden Prairie for human services planning. He said two members of the committee, Rev . Del Lind and Virginia Gartner, were present to give brief presentations and to request funding for a consultant in 1987 to do human services planning for the City. Rev. Del Lind reviewed the request and said that a number of local organizations are represented in the committee . Virginia Gartner briefly reviewed the history of human services here and noted that the committee has concluded that it is time to coordinate human services in the communi- ty and to develop a long-term plan for such services . Lind noted that the committee is concerned that we may not be able to use the variety of resources available and that the individual groups now serving the needs of the communi- ty are not coordinated in their efforts. He called atten- tion to the Report on Human. Services distributed to Council members that defined target areas of human needs in the community. He distributed copies of the request the com- mittee is making for funding of a consultant in the 1987 budget to study and make recommendations regarding human services . Pidcock asked if they knew what the cost would be . Lind replied that it would depend on how much time was spent by the consultant . Human Resources Director Natalie Swagg- gert said that such a consultant would probably charge $65 Der hours therefore the amount to be budgeted would be U-$8 ,000 to cover the anticipated 100-150 hours required to complete a detailed study. Peterson asked if there had been discussion within the group about a creative approach to provide for the needs without giving it as the sole responsibility to the City. Lind said that the needs have thus far been dealt with by both the public and private sector but that historically the public sector has done comprehensive and good social planning and that he believed an important function of the City is to provide good planning and coordination. Peter- son said he agreed with the importance of planning for human needs but that he hoped we could explore creative alternatives in a partnership with the private sector. Redpath noted that several of the local organizations in- volved are funded by United Way and thus are programmed to fit the thrust of that organization. He further said that volunteers are difficult to find and that he believed a consultant could give good suggestions for coordinating efforts of the groups as well as providing. new ideas. City Council Minutes -14- August 5, 1986 Anderson said he would like to see the $6-$8, 000 item included in the 1987 budget discussions and that he felt the report gives a starting point for the efforts and that we can go on from there . MOTION: Pidcock moved, seconded by Redpath , to direct Staff to prepare a consideration to be included in the 1987 budget discussion to fund a consultant on human services needs in the community. Motion carried unani- mously. 8 B. STARING PINES ADDITION, by Jerry Krebsbach. Request for Preliminary Plat of 2 .63 acres into three, R1 -22 single family lots . Location: West of East Staring Lane . (Reso- lution #86-191 . Preliminary Plat ) Assistant to the City Manager Craig Dawson stated notice of this Public Meeting had been published and sent to property owners within the project vicinity. He noted that the property is already properly zoned and thus does not require a Public Hearing before the Council . Frank Cardarelle , representing proponent , addressed the pro po sal . Planning Director Enger said that the Planning Commission reviewed this item at their July 14th meeting and recom- mended approval on a 6-0 vote, subject to the recommenda- tions in the Staff Report of July 11 , 1986 . He said that this area does not have sewer and water at this time nor is it required for this property. He noted that Staff recommendations included revising the preliminary plat to reflect the appropriate setbacks for the R1-22 zoning district . Redpath asked if they had considered a turnaround . Carda- relle responded that the lots are only 100 Feet wide and there is nothing else that can be done with the existing land . Douglas Olsen,, 9030 West Staring Lane , said that the exist- ing lots in the area are one acre or more and expressed his concern that the three lots together are only 1 .6 acres. Redpath said that the reason for the large lots in the area was to satisfy the conditions for septic system and well separation and that the assessments for sewer and water on the large lots will be quite high. Ward Olsen, 9020 Staring, said he did not think it was appropriate to have three houses on a lot not much larger than the neighboring lots with only one house . x . `'. City Council Minutes _15_ August 5, 1986 Pidcock asked if the setback is 50 feet . Enger said that, while the project would not be required to have the same setback as the already existing houses in the area, there is enough space on the lots to construct the houses with the same setback . Cardarelle replied that, while it is not a platted area, they will agree to the average setback. t Peterson asked why the lots are allowed to have smaller ' frontages than the existing homes across the street . Car- darelle reiterated that this is an unplatted area and that once sewer and water is available the area will probably become platted . MOTION: Pidcock moved, seconded by Anderson, to approve { Resolution No . 86-191 approving the Preliminary Plat of Staring Pines Addition for Jerry Krebsbach . Motion car- a ried unanimously. At this point because of the large number of people in the audience interested in Agenda Item IX . E . 1 . regard- ing the Edenvale Park Trail System, Mayor Peterson suggested moving that item ahead of Item VII . MOTION: Redpath moved, seconded by Pidcock, to amend the Agenda by moving Item IX . E. 1 . to follow Item V1 . B. Motion carried unanimously. For the purposes of continuity in the Minutes, however, the details of the report and discussion on the Item IX . E . 1 occur in sequence following Item IX . D. on page 17 . VII . REPORTS OF ADVISORY COMMISSIONS There were no reports . V III . APPOINTMENTS There were none . IX . REPORTS OF OFFICERS , BOARDS & COMMISSIONS I A . Reports of Council Members There were no reports . B . Report of City Man 1 . 1-98.1 Audit Report Assistant to the City Manager Craig Dawson noted that John Brand of Fox, McCue & Murphy was present to answer ! questions on the 1985 audit . { 1 r °v City Council Minutes -16- August 5 , 1986 MOTION: Redpath moved, seconded by Anderson, to accept the 1985 Audit Report from John Frane and the firm of Fox, McCue &Murphy and to thank them for a job well- done . Motion carried unanimously . Pidcock asked Mr. Brand if he would be able to meet with her individually to review some items . He said he would . 2 . Request from American Cancer Society Assistant to the City Manager Craig Dawson referred to his memo of August 59 1986 that outlined the request by the American Cancer Society for assistance with their garage sale at the Factory Outlet Centre . Anderson asked what the approximate coot would be for the assistance . Dawson said that it would involve 10 to 20 hours of overtime pay, primarily for traffic management and security during the sale . y MOTION: Redpath moved, seconded by Anderson, to approve the request by the American Cancer Society for assis- tance in managing their garage sale on October 15 - 19, 1986 . Motion carried unanimously. 3 . Discussion relative to Financing for Kahler Hotel Finance Director John Frane said tha L he had received a call from a representative of the Kahler Corp. in Rochester asking about the possibility of the City using Tax Increment Financing to help develop a Kahler Hotel on the hotel site in City West . Frane said the representative wanted to ascertain what the reaction was before incurring the expense of developing plans for such a project . Frane said hecalled some other suburban communities to see if they had considered such financing for similar projects , but none of them r had . Pidcock asked what the pros and cons of such a process would be . Frane replied that the positive result would be a first class hotel in Eden Prairie, whereas the negative results would include the similar requests that would occur once one project such as this is approved for T .I .F . and the fact that other hotels in the com- munity would be unhappy with the situation. Redpath said he thought it should be pursued because we need a first-class hotel . City Council Minutes -17- August 5, 1986 Peterson said he thought it would be important to write up a list of stipulations and conditions that would automatically exclude certain types of applicants . He asked if there were any other possible negative consequences . Frane said that we would be vulnerable to criticism: from those who don't believe in such financing in the first place . h Anderson asked about the legality of such a proposal . City Attorney Pauly said he would have some questions as to how to justify such a financing proposal . The consensus was to have them go ahead and present a proposal for consideration. C . Report of City Attorney 4 City Attorney Pauly's report was given at the special session following the meeting. D . Report of Director of Public Works There was no report . E . Report of Director of Community -Services 1 . Edenvale Park Trail System Assistant to the City Manager Craig Dawson called attention to the many letters and petitions received both favoring and opposing the trail system. Director of Community Services Lambert referred to his letter of June 10, 1986 which was mailed to 700 residents in the vicinity of the Edenvale Conservancy Area, noti- fying them of the City 's intention to develop a trail and describing the trail system planned for the area. Referring to the Staff Report of May 15, 1986 on the subject, he said that the Parks, Recreation & Natural Resources Commission reviewed the project at its July 7, 1986 meeting and recommended approval of Phase 1 on a 5-1 vote . t Lambert further noted that earlier today the City re- ceived a copy of a petition to the Environmental Quality. Board for an Environmental Assessment Work- sheet (E.A .W. ) on the proposed creek trail system. He said that, while Staff had earlier determined from a review of the regulations that no E.A .W. was required, the Council might see fit to approve the request for an E.A .W. since many of the concerns expressed by the City Council Minutes -i 8- August 5. 1986 residents have to do with the impact of the trail sys- tem on the environment . Lambert reviewed the history and the purpose of the proposed trail system as well as the details of the development phases planned for the trail. He said that there appears to be three main areas of objection to the project: the negative impact on the wildlife; the fear of increased crime ; and the invasion of pri- vacy for nearby residents . He said that Denis Hahn. director of the Richardson Nature Center, was present to address concerns regarding the environmental impact and Public Safety Director Walls and Captain Clark were present to address concerns of safety. Peterson suggested that members of the audience would be heard with the understanding that if we do order in the E .A .W. the next time comments will be received rela- tive to the E.A.W. only. The consensus of the Council was to agree with Peterson' s suggestion. Tom Davis, 1544.0 Edgewood Ct . , expressed concern about the costs for the project and distributed a map of the Minn . valley Wildlife Refuge located south of Eden Prairie . He said that he felt this project would be a duplication of that facility.. Mike Arends. 154.80 Edgewood Ct . , said he thought the trail would present a security risk and that much of the proposed trail will be underwater so he was con- cerned as to how well it would hold up. He referred to a petition circulated among residents of Edgewood Court that dealt with several concerns including the difficulty of enforcing no snowmobiling in the secluded area.. Gloria Cullen, 1S381 Creekside Ct . , expressed concerns about motorized vehicles having easier access from the trail system and that Public Safety could not control such activity along the trail . Jerry Johnson, 15801 No . Hi llcrest Ct . , said that he opposed the trail system and said that he believed there are several inadequacies about the plan. He said he thought it was important to ascertain that there is a public need for this development and he didn't think there was such a need . He also opposed the development s on the basis of its location in a floodplain and said that there are enough trails underwater in the City. R S"k t City Council Minutes -19- August 5. 1986 He was especially concerned about adverse changes to drainage in the area, particularly on his own lot . He said he thought the efforts would be better spent to save and maintain the existing trails, particularly those around Round Lake . He referred to the letter from Pepin, Dayton, Herman, Graham & Getts and read some of the comments regarding environmental concerns contained in that letter which opposed a trail in the Anderson Lakes area. d t Redpath noted that the City is in the process of spend- ing a considerable amount of money to take care of the problems with the water level in Round Lake and other lakes in the City. Judy Grimm, 15330 Creekside Ct . , said that when she bought her property the land behind her belonged to the Homeowner' s Association, but it is now part of the City apd she believed the homeowners should be able to have input on this question since it was not always City property. George Carlson, 16171 So . Hillcrest Ct . , presented a petition from people in the Hillcrest area and other areas of the City who are in favor of the trail system. (Attachment A) He said that he uses the trail systems in Eden Prairie and other cities a lot and that he thought an outlet from. No . Hillcrest Ct . was needed and that this proposal would provide that outlet . Kathy Gruidl , 7052 Springhill Circle , expressed con- cern regarding safety on the trails and related inci- dents of indecent exposure and sexual assault on a trail near her home . Jay Morgan, 15501 No . Hillcrest Ct . , said that, despite his letter of July 1 , 1986 in which he recommended the bridge across the creek, he is recommending that the City drop the proposed trail system. He said that there are other areas with nature trails in the City that should suffice . James Cullen, 15381 Creekside Ct. , said that he is opposed to the trail system and expressed concern about the wild animals in the natural portion of his property. He presented petitions from 154 people opposing the trail system. (Attachment B) He described a -recently- formed organization called Preserve and Protect Eden Prairie (PEP) . He also referred to his experience with =fi i ff City Council Minutes -20- August 5, 1986 the history of the trail system proposed for the creek corridor. He expressed his dissatisfaction with the proceedings at the Parks Commission meeting dealing with this issue and said he believed that the Public Hearing process had not been followed properly. Pidcock asked City Attorney Pauly about the charge that the correct process for a Public Hearing had not ;k been followed . Pauly responded that he was not aware of a special resolution on this issue, but that there is no general requirement for a Public Hearing for the establishment of a trail . He said the E.A .W. process would provide a vehicle for a Public Hearing. ? fi Darlene Thoen, 1.5361 Creekside Ct . , said that she un- derstood the policy of the DNR was to not favor putting trails into wetland areas . Werner Schulze , 15501 No . Hillcrest Ct . , said that he thought the trail system would be an asset and that there should be a connection from No . Hillcrest Ct . Carl Nelson, 1S540 Edgewood Ct . , suggested that Hill- crest Ct . could be accessed to Round Lake rather than Edenvale since Round Lake is closer to many of the residents on Hillcrest Ct . He also expressed concern about the safety issue since the trail is hidden from view in many places . Peggy Trager, 15341 Creekside Ct . , expressed her opposi- tion to the trail and said that trees that actually were on her property line had been tagged for the trail. Ilene Dirlam, 15241 Creekside Ct . , expressed her concern about fire and safety hazards created by the trail and that the issue of the trail had been pre-determined . Peterson responded that if it had been pre-determined the Council would not have spent the last two hours ` listening to the comments on the project . Denis Hahn, Director of Richardson Nature Center, commenting from his experience with the Hennepin County wildlife areas, addressed the concerns expressed re- garding the disruption of the wildlife and the possible impact on the environment of the trail system. He said he thought it was important to give access to areas such as this with as little impact as possible to the environ- ment . He noted that his observation of the area indi- cated that it was in the stages of rapid •urbanization" and so it would be important to develop a people manage- ment plan to preserve the area as much as possible . `-4 City Council Minutes -21 - August 5. 1986 1, a 3 He suggested that the limestone trail would not be the best surface for the trail and rather would suggest either mowing it or using a granite aggregate . He said that an E .A .W. might be beneficial since the area is changing and , further, that if a trail system is de- vised, a people management plan would be essential . He then discussed several questions from the audience f regarding his view of the trail system and preserving the natural areas . Redpath said 'that , in view of the lateness of the hour t and the many concerns expressed by the audience, it might be best to go with the E.A.W. City Attorney Pauly noted that his understanding of the petition to the E.Q.B . was for an E .A.W. on the entire Purgatory Creek corridor to the Minnesota River. He said the E.Q .B . will presumably transmit that petition to the City and we will then have 15 days in which to respond and deter- mine whether an E .A .W. is appropriate or not . He sug- gested that it would be appropriate to allow time for that process to occur and allow Staff time to review and make recommendations before the Council again re- views the issue. Peterson thanked those who had spoken on the issue and said it is obvious to him that the issue is much larger than just a trail around a small area in the City. MOTION: Redpath moved, seconded by Pideock, to accept the report of the Director of Community Services and the comments from the audience on the Edenvale Park Trail System and to continue the item to a later date . Motion carried unanimously. Mr. Cullen asked how the people will be notified about the Staff determination on the E.A.W. Anderson asked if we could set a date . Pauly described the time re- quired for the process on a petition for an E.A.W. A discussion followed on how long the process would take . MOTION: Redpath moved, seconded by Pidcock, to continue the item to the September 2 1 86 meeting of. the Council .P , 9 g n 1 . Motion carried unanimously. i X. NEW BUSINESS 4 There was none . 4 City Council Minutes -22- August 5. 1986 X i . ADJOURNMENT The Council adjourned to a special session with City Attorney Pauly to discuss matters in litigation. f M e 9 I i i.