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City Council - 02/03/1987 APPROVED MINUTES EDrTI PRAIRIE CITY '�0?J"d'' IL TUESDAY , FEBRUARY 3 , 1987 7: 30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCII, MEMBERS : Mayor Gary Peterson, Richard Anderson, George Bentley , Jean Harris, and Patricia Pidcock 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 %Commu:zity Services Robert Lambert , Director of Public Works Eugene A . Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS k The following items were added to the Agenda: III . H. Set a Meeting of the Housing & Redevelo ent Authority for February 7 7, for the purpose of approving the minutes of January 7; ix . A . Appointment of Councilmember to serve on the .. reserve Area G" review committee; X Bentley - Southwest Corri or Coalition item; X . A . 3 .Pidcock - Emergency Operation Plan E .O. ; X . A . 4. Farris - Discussion of letter of January 26t-h rom Wilcox; X . A . 5 . � Peterson - Document for Manager' s Per ormance Review The following items were changed on the Agenda: change Item VI . A . Fee Resolution to be Item VII . D; change Item VI . B. 1st Reading of Ordinance No . 4-87 , perta nning to Human Rights & Services Commission to be Item VII . E . w MOTION: Anderson moved , seconded by Pidcock, to approve the Agenda and Other Items of Business, as amended and published . Motion carried unanimously. II . MINUTES A . Joint City Councjj4Parksp Recreation & Natural Resources Commission/Bond Commission/Bond Referendum Committee MeetinF heldT -- Januar The following change was made to the Minutes: page 4, paragraph 1 , sentence 1 -- change "figure" to "differential. " 1 Alrt City Council Minutes -2- February 3 . 1987 MOTION: Bentley moved , seconded b Harris, to approve the Minutes of the Joint City Council/Parks , Recreation & Natural Resources Commission/Bond Referendum Committee meeting held January 15 , 1987 , as amended and published . Motion carried unanimously . B . Regular City Council Meeting held Tuesday, January 20, 1987 MOTION: Bentley moved, seconded by Pidcock, to continue consideration of these minutes to the February 17 , 1987 meeting of the City Council . Motion carried unanimously . III . CONSENT CALENDAR A . Clerk 's License List B . Final Plat Approval for Welters Purgatory Acres 1st Addi- tion Resolution No. 7 1 C . Resolution to Correct Street Name in Hidden Glen 3rd Resolution No. 7-30 D . Resolution No . 8 - proclaiming February through February 14,1987 as Vocational Education Week E . Resolution No . 87-35 , reclaiming February, 1987 as Heart Month F . Resolution No . 8 -22 appointing a Substitute Trustee jGelco Municipal Industrial Bond - 000 000 G. WILLIAMS MINI-STORAGE by Finn Daniels, Inc . 2nd Reading of Ordinance No . 0- , Rezoning from Rural to I-2 Park; Approval of Developer ' s Agreement for Williams ' Mini- Storage ; aid Adoption of Resolution No . 87-15, Authorizing. Summary of Ordinance No . 60-86 and Ordering Publication of Said Summary. 2 .67 acres into one lot for construction of a storage complex . Location: East of Hwy. 169, south of the Modern Tire complex . (Ordinance No . 60-86 - Rezoning; Resolution No . 87-15 - Authorizing Summary and Publication) H. Set a Meeting of the Housing & Redevelo went Authority for February or the purpose of approves the minutes of January 2. 1287 MOTION: Bentley moved, seconded by Anderson, to approve Items A - H on the Consent Calendar. Motion carried unani- mously. IV . PUBLIC HEARINGS a ,p r City Council Minutes -3- February 3 , 1987 A . THE TREE FARM by Countryside Investments , Inc . Request for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential on 11 .3 acres , Zoning District Change from Rural to R1-13 .5 on 33 .6 acres , Preliminary Plat of 33 .6 acres into 72 single family lots and road right-of-way. Location: South of County Road 1 , west of Surrey Street . (Resolution No . 87-23 - Comprehensive Guide Plan Amendment ; Ordinance No . 1-87 - Rezoning; Resolution No . 67-24 - Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Ron Krueger, representing proponent, addressed the proposal . Planning Director Enger noted this item was first reviewed by the Planning Commission at the November 24, 1986 meeting, at which time it was continued to the January 12 , 1987 meeting to allow time for the resolution of questions re- garding the density of housing in an area designated as Safety Zone B . He said the Planning Commission at the January 12th meeting recommended approval on a 5-0 vote of the Comprehensive Guide Plan Amendment from Public Open Space to Low Density Residential on 11 .3 acres, rezoning from Rural to R1 -13 .5 on 33 .6 acres and Preliminary Plat of 33 .6 acres into 72 single family lots and road right-of- way, subject to the recommendations of the Staff Reports of November 21 . 1986 and January 9, 1987 . Enger said the Planning Commission also recommended that the developer be responsible for providing directional signage regarding the location of the B .F.I . landfill, Flying Cloud Airport, and the future trail and, further; that the develop- er be responsible for providing this information in writing to future residents . Director of Community Services Lambert said the Parks, Recreation do Natural Resources Commission reviewed this item last night and recommended approval on a 7-0 vote, per the recommendations of the Planning Commission and Staff. He said the discussion at the meeting revolved around the sidewalk system which the developer then agreed to revise as shown tonight . I Anderson asked if there, would be any covenants required that would keep landowners adjacent to the large group of pine trees from cutting down any of those trees that might be on their property. Lambert responded that the City Forester has recommended selective cutting of the trees to improve the overall growth . f y y City Council Minutes -4- February 3 . 1987 Anderson replied that he was not concerned with any neces- sary thinning process but rather with protection for the homeowners who purchase their property assuming that the tree stand will remain. Lambert said the current ordinance requires a permit to remove more than 10% of the vegeta- tion but he didn' t know of anything beyond that . City Attorney Pauly noted that the City does impose con- servation easements along creek corridors and other special places but that he was not sure such an easement could be applied in this instance . He said if the developer were agreeable to including such a restriction in the covenant entered into by the landowner, it would be effective from an enforcement viewpoint . Krueger said the developer is willing to include some cove- nants but it would require working out the language . He said he thought it was a good idea but was concerned about who enforces it once the homes are built and the covenants are in place. Pauly responded that it can be enforced by all the homeowners on the lots against each other and that the City could also have the same enforcement authority if it could be structured as a conservation easement . Anderson asked Mr. Pauly where approving this development would leave the City in regard to possible expansion of the landfill . Pauly responded that the most obvious effect would be more people who might claim that expansion of the landfill would be detrimental to their property. Pauly also questioned whether it would be appropriate to, in effect, tell the current owner that he can't use his land because of the existence of the landfill and because it may be expanded someday. Anderc..n.... .iv11v. t'he .. a,BnCu if, legally, it is a benefit or not a benefit to the City for this subdivision to be platted at this time . Pauly said it has the potential of creating more people who ultimately might be entitled to some sort of compensation. He said he did not think the City could pre- clude the development on an indefinite basis for that reason alone . Anderson expressed concern about the potential problems with airport noise , particularly in view of the problems experienced in Minneapolis. Pauly responded that it would be necessary to distinguish between a general zoning adopted by the City for the benefit of the City as a whole y and the type of zoning adopted for an end in itself, in this case an airport use . Pidc ock referred to the memo of January 23rd from Jean Bitter and the Flying Cloud Airport Advisory Commission City Council Minutes -5- February 3 , 1987 and asked if there is a designated distance that a project must be from the end of a runway . Enger said the southern portion of this property is designated as the B Safety Zone by the Dept . of Transportation . He said the A-zone is the closest to the runway and nothing should be built in that zone , while the B-zone has restrictions as to density and type of building. He said the response from MNDOT indi- cates that this development meets the criteria for develop- ment within the B-zone . Bentley asked if M .A .C . is currently looking at any noise abatement studies for Flying Cloud airport . Enger replied that the new noise contours for Flying Cloud proposed by the Metropolitan Council are in tighter to the airport and this may be indicative of some operational changes that the Met Council might suggest . Bentley noted that in the past we have encouraged developers to issue disclosure notices at the time the purchase agree- ment is signed and asked whether we should consider dis- closure notice regarding the airport noise potential, the landfill and the possible expansion of the landfill . Pauly replied that he thought it would be a good idea if the developer was in agreement with the suggestion. Mr. Krueger said they had agreed to put signs up at the entrance of the project showing the location of the surround- ing facilities . Bentley asked if the developer would have any objection to disclosure statements that would be signed as part of the purchase agreement. Arvid Schwartz, the developer of the project, said it would depend on how it was worded, particularly in regard to the possible expan- sion of the landfill . Bentley then suggested that the developer could work with Staff or Mr. Pauly' s office to work out a properly-worded disclosure statement for buyers of the property . Mr . Schwartz said he would not object to the City working with them to draw up such a statement . Peterson noted that he was not particularly confident that such a disclosure statement will produce the desired results in view of such things as possible resale of the properties at a later date or the developer not develop4.ng all of the property. Anderson asked if there is any terminology that can be placed in the deed for the property. Pauly said he didn't believe it was possible to have such language recorded on a deed and that it is difficult to make people aware of such things on resale of property. City Council Minutes -6- February 3 , 1987 Pidcock asked when the original public notice went out and to how many adjoining property owners . Enger replied that notices are usually sent two weeks prior to the Council meeting and that the notices are typically sent according to quarter sections around the project . There were no comments From the audience . Harris asked about the status of the trail proposed for the project . Kruger responded that, while the City Staff recommended a blacktop trail through the outlot , there is nowhere for it to go at this time so the Parks Commission ' agreed that a sidewalk system in the project with an ex- tension into the park would be sufficient. Peterson asked if the trail at the base of the cul-de-sac on the south is to be sidewalk or bituminous trail . Krueger said it will be a 5-foot sidewalk. Lambert commented that the sidewalk in that location is going between two homes, that they have requested there be a 15-foot setback from both of the adjacent homes, and that the sidewalk be on an easement on the lot line . Anderson asked if it wc.uld be possible to bring the cul-de- sac down to the edge of ;:he park property, to facilitate entry of maintenance equipment into the park . Lambert said that would be a better idea but he wasn't sure how it could be done without proponent losing a lot . Enger said it may be possible to extend the cul' de-sac without losing a lot if it were treated as a through street . Peterson asked what the projected surface would be beyond S the end of the cul-de-sac if the street were extended . Director of Public Works Dietz said that Possibly the terminus of the cul-de-sac could bee on park property. Peterson noted that if a bituminous trail goes beyond the end of the cul-de-sac , we have invited the problem of vehicular traffic using that as an access to the park. Anderson said he has seen various types of gateposts and pillars used in the Hennepin County park system and in x other cities in the area . Peterson said he understood that for safety purposes we can't put obstructions on the trails . Lambert said it is possible to design a permanent fence and a gate system that is very visible to avoid safety problems . A discussicn followed as to how access could be restricted and yet allow access to maintenance vehicles Pidcock said that she understood from the reading material we are not legally Zone B here and that we can't legally have the restrictions that Zone B would have . Enger res- ponded that, while the Zone B concept has been proposed i City Council Minutes -7- February 3 , 1987 Lis a model ordinance , it has never been legally adopted . He said , however, that MnDOT has said this would meet the criteria of Zone B should it be adopted . Krueger asked for clarification of the extension of the cul- de-sac as the developer would have some concerns about people using it as parking for Homeward Hills Park . He said the developer would be willing to work this out with Staff. MOTION: Bentley moved , seconded by Anderson, to close the Public Hearing and to adopt Resolution No . 87-23 , amending the Comprehensive Municipal Plan from Public Open Space to Low Density Residential . Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to give 1st Reading of Ordinance No . 1-87 for Rezoning from Rural to R1-13 .5 on 33 .6 acres . Motion carried unanimously . MOTION: Bentley moved, seconded by Anderson, to adopt Resolution Na . 87-24, approving the Preliminary Plat of The Tree Farm for Countryside Investments, Inc . Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, with the understand- ing that the following items will be resolved prior to 2nd Reading: the extension of the cul-de-sac ; the issue of retention of the trees; the completion of an acceptable disclosure notice ; and the setting up of a method of dis- seminating the notice to future property owners . Motion carried unanimously. B . CARMEL 6 & 7 by Hans Hagen Homes , Inc . Request for Planned Unit Development Concept Amendment on approximately 58 acres, Planned Unit Development District Review within an R1 -13 .5 zoning district on 16 .26 acres with variances for lot fron- tage , zoning district change from Rural to RI -13 .5 on 0.66 acres, and preliminary platting of 16 .26 acres into 27 s single family lots and road right-of-way . Location: North of Fallbrook Road and East of Thornhill Road. (Resolution No . 87-25 - Planned Unit Development Concept Amendment; Ordinance 2-87-PUD-1-87 - Rezoning; Resolution No . 87-26 - Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Ernie Rud, representing proponent, addressed the proposal. y. C ity Council Minutes -8 February 3 , 1987 Planning Director Enger said this is basically a rearrange - ment of lots to provide ultimate access to the park and to get away from double frontage on some of the original lots . He said the Planning Commission reviewed this item on January 12th and recommended approval on a 5-0 vote , subject to the recommendations of the Staff Report of January 9th . Director of Community Services Lambert said that the Parks , Recreation & Natural Resources Commission reviewed this item at the February 2nd meeting and recommended approval on a 7-0 vote , subject to the recommendations of the Planning Commission and Staff Reports of January 9th and January 30th . Pidcock asked where this project is in relation to the Ruzic property . Enger replied that it is to the northwest of that property. Anderson asked if it would be possible to provide the same sort of extension of the cul-de-sac to allow access to the park as was discussed for the previous item. Lambert said that would be difficult as one of the houses at the end of the cul-de-sac would then be pushed into the marsh. There were no comments from the audience . MOTION: Anderson moved , seconded by Pidcock, to close the Public Hearing and to adopt Resolution No . 87-25, approving the Carmel 6 & 7 PUD Concept Amendment to the overall Carmel PUD . Motion carried unanimously . MOTIONS Anderson moved , seconded by Pidcock, to give 1st Reading of Ordinance No . 2-87-PUD-1-87 approving rezoning from Rural to RI -13 .5 on 0 .66 acres . Motion carried unani- mously. MOTION: Anderson moved , seconded by Harris, to adopt Reso- lution No . 87-26, approving the Preliminary Plat of Carmel 6 & 7, for Hans Hagen Homes , Inc . Motion carried unanimously . MOTION: Anderson moved, seconded by Harris , to direct Staff to prepare amendments to the Developer's Agreement incorporating Commission and Staff recommendations . Motion carried unanimously. C . MITCHELL ESTATES by Ray Mitchell . Request for Zoning Dis- trict Change from Rural to R1 -13 .5 on 1 . 04 acres and Pre- liminary Platting of 1 .04 acres into two lots and road right-of-way. Location: Southeast quadrant of Scenic Heights Road and Hiawatha Avenue . (Ordinance No. 3-87 - Rezoning: Resolution No. 87-27 - Preliminary Plat) 4 5 " ity Council Minutes -9- February 3 . 1987 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Planning Director Enger said this is the division of a 1 .04 acre lot into two lots . He said the Planning Com- mission reviewed the item at the January 12th meeting and recommended approval on a 5-0 vote of the rezoning from Rural to R1 -13 .5 and the Preliminary Plat . Peterson asked if Mr . Mitchell has already purchased the H.T .C . home . Enger said he believed he had . Peterson then asked if it would be compatible with other homes in the area. Enger responded that the Votech homes are given a manufactured housing stamp from the State of Minnesota and do not go through the Board of Appeals process for moving a home . Enger said it will appear different because the style is different and because the other homes in that area are uuout 20 years old . Pidcock noted that there were no two s ory homE s permi t i ed in that area when the other homes were built . There were no comments from the audience . MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading of Ordinance No . 3-87, Zoning District Change from Rural to R1-13 .5 on 1 .04 ' acres . Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to adopt Reso- lution No . 87-27 approving the Preliminary Plat of Mitchell Estates for Ray Mitchell . Motion carried unanimously. V . PAYMENT OF CLAIMS NOS . 22450 - 32M MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos . 32450 - 32758. Roll call vote : Anderson, Bentley , Harris, Pidcock and Peterson voted "aye . " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A . Final Plat Approval for Bluffs East Fourth Addition,includ- a.n_gWilkie Request or Access Resolution No . 7 City Manager Jullie said this is the last step in the sub- division zoning and development approval for the Bluffs East 4th Addition. He said the Preliminary Plat of this project was approved on May 24, 1986, and, prior to that approval , the owners of the Wilkie property requested that the City require, as a condition of final plat approval, that access be provided to the Wilkie property which adjoins r it,y Council Minutes -10- February 3 , 1987 the Bluffs East 4th Addition. He said the Wilkies have renewed that request before the final plat approval , as presented in the letter of January 27th with supporting materials from John C . Rosholt , attorney for the Wilkies . He noted the memorandwm of December 29, 1986, from City Attorney Pauly on the subject . Wally Hustad , proponent , reviewed the discussions he had with the Wilkies regarding their request for access . He said proponent had refused the request because: (1 ) it would violate some of the planning criteria set up for the Creek Knolls project back in 1972 that provided pro- tection for some of the knolls along the bluffs ; and (2 ) from a marketing standpoint , a structure on the Wilkie property would interfere substantially with the views on five or six of proponent ' s lots and thus would impact the value of those lots . Jack Rosholt, attorney for the Wilkies, said that if this request for access is denied , the Wilkies will be losing eight acres of very valuable land . Referring to City Attorney Pauly's memorandum of December 29. 1986 , he said that it has been assumed that the Wilkie property could not be used as a private lot ; however, he showed a plan that would provide one buildable lot . He said the public is losing an opportunity for a possible contribution of the Wilkies ' property if this final plat is approved . Anderson asked Rosholt if there is a possibility that the Wilkies might give or donate that eight acres to the City . Roshold said "yes . " Anderson then asked Director of Community Services Lambert if there is any value in ob- taining this property . Lambert responded that the City would like to ultimately own or control this part of the Purgatory Creek valley for preservation purposes and so it would be in the public good to obtain it . a Anderson said he had not heard of this possibility until today and that he felt we are obligated to take a look at something that would be of value to the citizens of Eden Prairie . Peterson said it is unfortunate that we didn't hear about this months ago when the project was first dis- cussed . Peterson expressed concern about the condition that there be a road along the creek and that the area be replatted . He said for those reasons he had difficulty in taking the suggestion seriously. Bentley said the preservation of that area would be no less valuable with the approval of this plat than it would be if the plat were denied and an alternate plat were made . He q f N City Council Minutes -11 - February 3. 1987 said approval or denial of this plat should have no bearing on the City ' s position regarding acceptance of this property . He said acceptance of the property as a donation would have to be made contingent on recommendations from the Planning Staff, Parks Commission, etc . Anderson asked how the public will access that parcel of land if the plat is approved and the Wilkies donate the property anyway. lambert said that with the Bluffs East z 4th, 5th and 6th projects there were several outlots along the creek valley that were to be donated to the City, and as part of that donation they will build a public trail down into the creek valley that would provide aecesj to this parcel . He said we want to limit access to the creek valley and he believes we have planned for the best access points . Pidcock asked City Attorney Pauly to clarify the cases he cited in his memorandum of December 29, 1986 . Pauly said he cited those cases for the purpose of indicating that a municipality has the right during the planning and develop- ment process to require a reasonable portion of the property under development for public use . He said we have already rezoned the property and entered into a contract that the property will be developed in the manner in which it was preliminarily approved . For the record , Peterson quoted the following portion of page 7 of Mr. Pauly' s memorandum referring to the Wilkie property: "It was purchased without any easement . The purchase price of the land presumably reflected that lack of accessability . Since the owners never did have have public access, they can ' t claim that the sub- division plan caused their problems . In addition, any 'hardship' they may claim appears to fall under the ' self imposed hardship doctrine . ' Under this doctrine, one can not seek to alter zoning regulations and decisions on the basis of 'hardship' if the hardship is self-created . 8 Mc- Quillan 3rd Sec . 25 .168 (1983 ) . In this case the owners of the parcel purchased it without an ease- ment over the Developer's land for access . It is not the responsibility of the City to assist them out of this dilema. " s Peterson noted that the Council did try to resolve this dilemma by encouraging both parties to work this out be- tween themselves; therefore , he felt the Council has done what we can in this matter. r "ae r z City Council i.iinutes -12- r ebl.-uucy 3 , 1987 MOT 0N.: Bentley moved, seconded by P-Ldcock, to adopt Resolution No . 87-29 , approving Final Plat of Bluffs East Fourth Addition . Mr . Rosholt said if the public isn' t going to have access to the creek valley and if all the land along the valley is going to be developed , then the Wilkies ought to be able to develop theirs ; however, if the creek valley is to be used by the public , then the Wilkies would like to partici- pate in that . He said either way this plat represents giving one person an opportunity to do something and deny- ing that opportunity to another person. Peterson noted that Mr. Hustad has been prevented from developing certain points out into the valley and if this property were owned by him he would not be allowed to build out on that promontory . Mr . Rosholt said it was their understanding that this knoll is capable of develop- ment and that they have a plan that conforms to the zoning ordinance . Harris asked if the Wilkies could gain access to this property from their land on the other side of the creek . Mr . Rosholt responded that it would be practically im- possible as it is a very steep ravine and the only possibil- ity would be a bridge across Purgatcry Creek . Anderson said, since we have not had an opportunity to get information on the donation of this property, he would like to have more time to get more information and to take a good look at what is in the best interests of the people of Eden Prairie . MOTION: Anderson moved to postpone consideration of Reso- lution No . 87-29 for final plat approval of Bluffs East Fourth Addition to the next meeting of the Council . Motion died for lack of a second . VOTE ON THE MOTION: Motion carried with Anderson opposed . VII . PETITIONS , REQUESTS & COMMUNICATIONS A . Request from Prairie Lutheran Church to review the Board of App2als & ustments decision on Variance Re uest -04 Merrill Ronning, pastor of Prairie Lutheran Church, presented their request to review the decision by the Board of Appeals & Adjustments . He said the building was initially designed to be all wood in order to fit into the surrounding resi- dential area and they initially requested a variance for 100% wood . a City Council Minutes -13- February 3 , 1987 Iie said that the Board of Appeals granted a variance to permit 35% wood and 65% brick . He said the bids received for such an exterior were extremely high so they then re- quested a variance to allow initial construction of 100% wood with 30% brick to be added within five years . The Board of. Appeals then granted a variance to allow initial construction of 70% wood and 30% brick . He said they are now requesting a review of the decision in order to allow exterior construction of 100% wood . Planning Director Enger referred to the Staff Reports of January 28, 1987, January 8, 1987 , and September 4, 1986 , and the letter from Prairie Lutheran Church of January 12 , 1987 . He said in reviewing the record of appeals and decisions on this project he determined that the appeal tonight would have to be an appeal of the Board of Appeals & Adjustments decision on their request for 70% wood and E 30% brick to be added within five years , and not the appeal for 100% wood . ;4 k A discussion followed as to the nature of their appeal to- night . A recess was taken to allow time for determination of their exact request to the Council . Following the recess . Enger explained that the request is for an appeal of the decision on the time limit for adding the brick . He said the proponents would like to add the required 30% brick to the Phase 1 construction at the time of the construction of Phase 2 , which is expected to occur within five years . Peterson asked if the 30% brick will be less aesthetically pleasing since it had been determined that all wood is aesthetically better . Roger Sjoreck, architect for the proponent . said it might be since the original design_ was for all wood and the building might have been designed differently if they had considered brick during the planning stage . MOTION: Bentley moved, seconded by Harris, to grant the request from Prairie Lutheran Church for appeal of the Board of Appeals & Adjustments decision, per the Staff recommendation that, at the time of expansion, 30% brick will be required for the exterior on the present structure 4 and on the future structure . Motion carried unanimously. B . BIRCHWOOD LABS , INC . Request for Preliminary Platting of 16 .5 acres into four lots . Location: East of County Road f 4, west of Fuller Road, north of Lincoln Lane . (Resolution (_ No . 87-28 - Preliminary Plat) M City Council Minutes -1 4- February 3 . 1987 Planning Diroctor Enger referred to the Staff Report of January 23 , 1987 , and noted that none of the proponents are in attendance at the meeting tonight . He said he could try to answer questions the Council might have re- garding the preliminary plat . Bentley said he was not sure Mr. Enger should be the one to answer any questions the Council might have ; therefore , he thought perhaps the item should be continued until such time as the proponents can be present . Anderson said this is a question of procedure and the direc- tion in the past has been to continue the item until pro- ponent can attend the meeting. Pidcock asked if it would be in the best interests of the Planning Staff to continue this item. Enger said it would be a favor to both the Council and Staff to dispose of the request tonight if there are no questions about the item. MOTION: Harris moved, seconded by Pidcock, to adopt Resolu- tion. No . 87-28, approving the Preliminary Plat of Birchwood Labs , Inc . Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare a Developer' s Agreement incorporating Staff recommendations . Motion carried unanimously. Bentley suggested that this procedure be discussed at a Staff meeting and that Staff return with a recommendation for similar situations in the future, inasmuch as he was uncomfortable considering such items without the proponents present . Anderson said his concern is that we are consis- tent . A discussion followed regarding the need for such a procedure and how the situation would have been handled if questions had been asked about the project . C . Receive request from Hot Develoj2ment for extension of Golden Triangle Drive and authorize preparation o a Feasibility Study (Resolution No . 57-32 ) City Manager Jullie said this is a request from Hoyt Devel- opment for the City to initiate a Feasibility Study as the first step in the possible extension of Golden Triangle Drive between 76th and 74th Street . He said it is under- stood that the road should be built but there is a question as to the timing. Bradley Hoyt , proponent, reviewed the request for a Feasi- bility Study. He said they have concerns about traffic _ circulation within the area and there are problems with City Council :Minutes -15- February 3 . 1987 water pressure due to the lack of a complete water main loop. He said they believe :it would serve as a relieving route for Washington Avenue for north and south traffic within the triangle . In addition, he said , while there is no time frame under which the dedication of the right- of-way is required, they don ' t feel we can uphold the values of the property without this additional access . George Hoff, representing the Helles, said they oppose the proposed extension of Golden Triangle Drive as an assessed r project at this time as proposed by Hoyt Development and that the proposed extension is on Mr. Helle 's property. He said their Developer' s Agreement says that they would dedicate the roadway and pay to have the roadway and utili- ties installed when they rezone and plat the property. He said they intend to do that at sometime, but they are not in a position to develop the property at this time . Hoff said that, at this point , if the Council were to order a Feasibility Study as the first step in proceeding with the Chapter 429 approval , their position is that Mr. Helle would not be required to dedicate the roadway and would expect to be compensated for it . In addition, he said there is valuable fill which can be used in other areas of Mr. Helle 's property, and they would expect to be compen- sated for any of that fill used to construct the roadway. a In addition, Hoff said if the project goes through on a premature basis, they don' t think there would be sufficient benefit to support an assessment against the property for the road construction. He also said they were not sure the roadway might not create additional traffic problems rather than solve them. Hoff said their request is that the project not go ahead as an assessment as the City' s project or, if there is a Feasibility Study, the additional costs he outlined previous- ly be programmed into the study . Bentley asked if they are suggesting that this roadway is not a needed improvement for development of that quadrant. Hoff replied they are not suggesting that . Bentley then asked what the time frame is for development of the Norse- man Industrial Park . Hoff replied it would probably be within the next few years. Bentley then asked if they were aware that we are talking about a Feasibility Study and not about proceeding with any construction project . Hoff replied that they are aware of that. City Council Minutes -16- February 3, 1987 Anderson asked City Attorney Pauly for his response . Pauly said that because this is not being initiated on the basis of a petition by a property owner, approval must be by a 4/5 vote of the Council . Pauly asked Mr . Hoff to review his comments on the additional costs . Hoff said their position is that the following items should be included as additional costs in the Feasibility Study: (1 ) compensation to the Helles for the road right-of-way as they feel they are under no obligation to dedicate the roadway, as set forth in the Developer' s Agreement , because the conditions have not been met ; and (2 ) compensation to the Helles for valuable fill that would be used for construction of the roadway. t Pauly then said that if Mr. Hoff ' s comments regarding the Developer' s Agreement are correct, the cost for the road a right-of-way would have to be included as part of the costs for the improvement and would have to be assessed back to the benefitted property owners. He said he was not sure the improvements would be of benefit to Mr. Helle 's property but that determination would be part of the purpose of the Feasibility Study . 4 Pidcock asked Mr. Hoyt if he and the owner of the Vantage property had determined what contribution they will make for this Feasibility Study. Mr . Hoyt responded that they have already paid for the traffic study but that he would be willing to take a look at participating in the cost of the study. Director of Public Works Dietz noted that if we get into a project like this , what we can't prevail through the assess- ment process the City will have to pay for. City Attorney Pauly said that , in talking with Mr . Dietz, if there were a serious question about the ability to assess some of the properties that would benefit , their recommendation would be to enter into a contract on condition that the assess- ment be levied and the appeal process be run before the construction process was started . He said this would pro- vide a way of protecting the City from significant exposure for the cost of the project, but would still include the 9 possibility of paying the cost of a lawsuit and the cost of the Feasibility Study . Bentley noted that the construction of Golden .Triangle Drive is not only a necessity but has been a forgone con- i elusion from the City' s perspective for many years . It is an absolute necessity for proper traffic flow in that area and must be done, from his perspective, the sooner the better. He said he thought only a Feasibility Study will tell us whether the cost associated with the project is something i City Council Minutes -17- February 3 , 1987 that the (; ity or, the property owners will be willing to entertain . He said preparing the Feasibility Study is the only way to address this issue . Anderson expressed concern about recent reports that the section of County Road 18 from Hwy . 494 to the Crosstown has the highest accident rate in Minnesota . He said this project represents a means of improving traffic flow in this industrial area which is contributing a lot of the r_ traffic on that section of Cty . Rd . 18 . Peterson asked how much the Feasibility Study will cost . Dietz replied it would probably be under $5 ,000 . MOTION: Bentley moved , seconded by Harris, to adopt Reso- lution No . 87-32, ordering Feasibility Report for Golden Triangle Drive . Motion carried unanimously . 2 . Fee Resolution {Resolution No . 87-09} Continued from January 20, 1987 Harris said she found the explanation memo from Mr. Frane dated January 29th to be very educational and she would like to see this kind of display whenever we consider simi- lar items . Pidcock asked what was the necessity for raising the fees , such as the fee for installation of L. P. tanks . Bentley commented that there is no difference in the process for inspecting temporary or permanent tanks . City Manager Jullie said both types are inspected one time only and so it was felt the fee should be the same . Harris asked for 3 clarification of the Indoors/Outdoors figures under Section 3 . 9. Park Facility Fees . Director of Community Services Lambert said those numbers are not fees but rather indicate the capacity of those facilities . Peterson asked for clarification of the use fee and deposit fee on such facilities as the Round Lake Park Pavilion. Lambert said the deposit fee is paid above and beyond the use fee and is returned if no damage occurs to the facility. Peterson then asked about the deposit for the Outdoor Cen- ter. Lambert said this is twice the deposit on the other facilities because this is the Senior Center building and there is more potential for damage in this facility. Pidcock asked who rents the Outdoor Center. Lambert said we haven 't rented it up to now but we will when the Seniors have moved to the lower level of the City Hall building. He also noted that the Seniors will be given first oppor- tunity to rent the Outdoor Center and will not be charged I for its use . City Council Minutes -18- February 3, 1987 s Lambert then reviewed some additional amendments the Parks Commission recommended at their meeting last night . He said they recommend two use fees for the Round Lake and Staring Park facilities, one for families and one for com- panies . Families would be charged a use fee of $25 .00 and a damage fee of $25 .00 while companies would pay $50 . 00 for use and a $50 .00 deposit . He said the Parks Commission also recommended that the fee for use of the outdoor hockey rinks from 9-10 PM be reduced to $15 .00 , which would cover the actual costs incurred . City Attorney Pauly recommended that the last sentence reading, "All Resolution: of the City of Eden Prairie , w Minnesota, relating to fees heretofore adopted are hereby repealed " be deleted . Anderson asked if it is typical for all school districts to get 100% of gate fees at all hockey events . Lambert said their review of this question in 1980 revealed dif- ferent policies in different districts but that they could go back and do another survey. Anderson asked if they g pay us back for the costs incurred . Lambert said they pay for any extra costs incurred at the Community Center. Pidcock asked if it might be a good idea to set a percent- age of the gate fees beyond a certain level that would be returned to the Community Center. Lambert said the cur- rent arrangement had been worked out between the Council and the School District but Staff would be willing to re- view this . Anderson noted that the hockey team is playing in a differ- ent league now; therefore, the gate receipts are considerably more . He said he would like to get some figures on atten- dance now compared to two or three years ago . Lambert said they could do a survey of what the arrangements are between schools and arenas in the Lake Conference . Pideock said she would like to see the results of that report . Harris said she thought it might be useful for Staff to make some ballpark projections as to what we might gain i from a change in the procedure . MOTION: Bentley moved , seconded by Anderson, to adopt Resolution No. 87-09, regulating fees and charges for Business Licenses , Permits and Municipal Services, subject to the changes recommended by the Parks, Recreation do Natural Resources Commission and with the deletion of the last sentence regarding the repeal of all previously adopted fee resolutions. Motion carried unanimously. i, City Council M in,,.it es -19- February 3 , 1987 E . 1st Read inC, of Ordinance No . 4-87, pertaining to the Human Rights & Services Commission Peterson said he wished to convey to Ms . Swaggert and the Human Rights &. Services Commission a commendation for a very thorough and complete reworking of the document . City Attorney. Pauly called attention to a typographical error in the proposed ordinance: page 4, paragraph 2 . change "adopted" to "amended" . MOTION: Anderson moved , seconded by Bentley, to give 1st Reading to Ordinance No . 4-87, as amended . Motion carried unanimously . VIIY . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX . APPOINTMENTS A . Appointment of Councilmember to serve on the "_'reserve Area G" review committee ,- Peterson noted that , as mentioned in the Memorandum for tonight ' s meeting, the Council needs to make a new appoint- ment to the "Preserve Area G'• review committee to replace former Councilmember Redpath . He said Councilmember Bentley has expressed interest in serving on this committee . MOTION: Anderson moved, seconded by Harris, to appoint George Bentley to serve on the "Preserve Area G" review committee . Pidcock said she would like to know more about what the committee does . Bentley said the area involves the com- mercial area in the northwest quadrant of. T .H. 169 and Prairie Center Drive that includes the car wash and other businesses . He said through negotiation the City arranged an agreement with the developer whereby a control group would review on-going development of the whole piece of property in terms of compliance with a pre-determined design framework. Pidcock asked how many people are on the committee and how often the committee meets Planning Director Enger said it is a three-member committee composed of a Councilmember, a Staff representative , and Larry Peterson of the Preserve . He said while it is a very small area, it is prezoned and the committee is charged with administrating the design framework manual . { City Couricil Minutes -20- February 3 . 1987 Pidcock asked how long the committee will continue . Enger responded that it will go on until the area is fully de- veloped . Pidcock then asked how often they meet . Enger said they meet according to need . Pidcock then expressed concern that she had never been in- formed about the existence of this committee and she was wondering if there might be other committees that Council- members belong to that she was unaware of. Anderson said it might be of interest to all of us to find out all the committees on which Council representation is needed and asked that a list of committees or groups with Council representation be prepared by the next Council meeting. A discussion followed regarding such committees and the best means of determining such a list . b. VOTE ON THE MOTION: Motion carried unanimously. X . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Council Members 1 . Discussion on review of Major Center Area Land Use Peterson referred to the memo of January 30th on the Major Center Area from Director of Planning Enger and 4 said that he didn't want to get into an exhaustive re- view of this . Bentley commented that he didn't think a lengthy discussion of the issue was necessary and suggested that the task force he proposed at the last Council meeting be composed of the Council itself. He also suggested that this be considered outside of the regular Council meetings since it is a broad issue that will require hours of discussion and may serve as the beginning of the long-range planning process . He said " this would also serve the goal of working to develop team effort within the Council . Bentley said he had three suggestions for the Council: (1 ) to continue review of the information provided; (2 ) to ask Mr. Enger to proceed with those specific issues mentioned in his memo; and (3 ) to set a date that the Council could meet for a workshop session to begin the process of going through this . Harris said she would support Mr. Bentley's suggestions . She said she was impressed with the document itself and with the obvious thought that has been given in this area. She said she thought the suggestions in the memo should probably be accepted and that this deserves a special work session where we can expand on certain issues or questions that arise from reading the material . City Council Minutes -21 - February 3 . 1987 r said he was trying to respond to the Council ' s request to pull together all the policies, ordinances and studies that City Staff is using currently to come up with recommendations to developers for what are appropriate land uses in the Major Center Area . He said he thought the City has done a good job of s continuing the effort started in 1973 with the original ' study. He said he hoped to communicate some comfort level to the Council that , while the M.C .A. does re- quire some looking at, there has been some effort on this already and that the recommendations in his memo would provide some general direction to future efforts . Peterson said he thought we have to resolve a procedur- al question here as to whether this process should proceed from the Planning Commission to the Council or from the Council to the Planning Commission. Harris said she is seeking additional information and under- standing before she can respond and she would like to sit down with Staff and talk through this. Anderson said , inview of the new appointments to be made soon to the Planning Commission, it would be appropriate to set up a joint meeting of the Planning Commission and the City Council to go through this material . Bentley said he thought it is ultimately going to be very important for the Council to learn to work to- gether in workshop sessions . He said two years ago the Council made a commitment to work together in work- shop sessions ; however, so far that has not happened . He said that he doesn't feel the Council is in any position to make recommendations on this issue to the Planning Commission until the Council has reviewed a lot of the material to see what we want to recommend . Peterson said that after reading Mr. Enger' s report, he was less convinced that we need to move quickly as things are being tended to . He said he was not sure how best to proceed on this . Pidcock said she liked Mrs . Harris ' suggestion that we get to know about this on a one-to-one basis with the Staff rather than taking the Planning Commission in right away . Peterson said he thought as a consequence of even one ' work session we will have a clearer understanding of how else and who else to be involved in this issue. MOTION: Harris moved, seconded by Pidcock, to set a special Council work session on the Major Center Area City Council Minutes -22- February 3 , 1987 report for Tuesday, February 24, 1987 , at 3 : 00 P&T in the City Hall lunchroom, with the understanding that if any of the Councilmembers cannot attend the session it will be rescheduled . Motion carried unanimously . 2 . Bentley - Southwest Corridor Coalition item Bentley said there is a meeting tomorrow morning of the Southwest Corridor Coalition to appoint a specific committee for an E . I .S . study . He said he agreed to take part in this and that one of the agenda items is discussion about potential financial participation by x all the communities involved in the preparation of an E . I.S . on Hwy . 212 . Because they are expecting each community' s representative to respond to the issue tomorrow, he said he wanted to get a consensus as to whether we would want to consider participating at this point in time . Peterson said he thought most of us are relatively un- informed as to what the Southwest Coalition is involved in and he didn't understand the implication of this issue so he would not be prepared to make a recommenda- tion to participate financially. A discussion followed regarding the current activities of the Coalition. Bentley said the gist of this issue is the.t it was felt the Hwy . 212 project would stand a much better chance of being funded if the participating communities would pay for the E . I.S . rather than waiting for the State to pay for it . He said this has been done by other communities or groups of communities with some degree of success . Pidcock said she thought it would be in our best in- terests to be open to consideration of this . Harris said she thought it was particularly important to be flexible in order to see if there will be strength on this issue . Peterson asked if we have a Staff representative to the Coalition. Director of Public Works Dietz said he attended the last meeting and will be at tomorrow' s meeting. Bentley said from the historical perspective the Council did address this issue several years ago and took the position that under no circumstances would the Council participate in an E . I .S. because there was no commit- ment on the part of the state to participate in the t project . City Council Minutes -23- February 3 , 1987 x 3, Pidcock asked Dietz his opinion on the concept that the state will not do an E . I .S . unless the cities fund it . Dietz responded that the consensus is that if you come up with some money and show everyone you care, you can probably get something going. He said an E . I . S . can cost up to $600, 000 with the State possibly paying $300 ,000 of the total . { Peterson said he was sure that , prior to any commitment , we would want an in-depth analysis by Staff and Council . Anderson said he would like to get a report on this at the next meeting. 3 . Pidcock - Emergency Operation Plan (E .0 .P. ) Pidcock said she has some grave concerns about our E .O.P. ; however, she thought it should be discussed at some other time in order to allow sufficient time to take a good look at it . She said she was concerned that both of the main officers on the plan do not live k in Eden Prairie . e, MOTION: Pidcock moved, seconded by Harris, that this ,. item be put on the agenda for the February 17, 1987 meeting. Motion carried unanimously. Peterson suggested that Mrs . Pidcock give City Manager Jullie a list of questions to facilitate the discussion of this item. 4 . Harris - Discussion of letter of January 26th from Wilcox Harris asked for more background information on the subject in Dr. Wilcox ' letter. Director of Community Services Lambert said Eden Valley is a neighborhood park on the northwest corner of Hwy , 4 and Duck Lake Trail . He said they plan to grub out part of the wooded area for a picnic area and they have written a letter to Dr . Wilcox explaining what is planned for 1 that park . Anderson asked if we have a plan for that entire area . Lambert said we do . Anderson then asked about the reference in the letter to the' tree that was taken down. Lambert said trees three inches and under in diameter are removed if they are in the path of the 12-foot swath for the path, whereas the path will go around any trees of more than four inches in diameter. Peterson - Document for Manager' s Performance Review A . i City Council Minutes -24- February 3 , 1987 Peterson noted the section in the document that refers to Evaluation Philosophy . He suggested that Mrs . Pidcock and Mrs . Harris work with Natalie Swaggert to review and make recommendations relative to comparative evaluations and to submit the document for Council con- sideration. MOTION: Bentley moved, seconded by Anderson, to ap- point Councilmembers Pidcock and Harris to work with Ms . Swaggert to make recommendations on comparative evaluations for the Manager's Performance Review and to present the recommendations at the March 3, 1987 meeting. Motion carried unanimously. B. Report of City Manager 1 . Request for additional secretarial position MOTION: Bentley moved, seconded by Pidcock, to authorize the additional secretarial position, per City Manager Jullie ' s memorandum of January 27, 1.987 . Motion carried unanimously. C . Report of City Attorney There was no report . ' D. Report of Director of Planning There was no report . E . Report of Director of Community Services There was no report . F. Report of Director of Public Works 1 . Approve T .H. 5 Revised Layout Plan (Resolution No. 87-33) Director of Public Works Dietz called attention to the revised layout for T .H. 5 improvements on display and reviewed the changes proposed . He said they have re- placed the roadway going under the railroad with an at-grade crossing; however, it looks to him like that project isn't going to go unless there is some final ` commitment by the railroad on abandonment . Bentley commented that at, least they are making a recom- mendation on how they are going to cross the railroad. a i City Council Minutes -25- February 3, 1987 M0T10N: Bentley moved, seconded by Harris, to adopt Resolution No . 87-33, T .H. 5 Layout Approval. (Wallace Road to Fuller Road) . Motion carried unanimously. XI . NEW BUSINESS There was none. XII . ADJOURNMENT MOTION: Pidcock moved , seconded by Bentley, -to adjourn the meeting at 11 : 30 PM. Motion carried unanimously. t