City Council - 06/16/1987 a
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, JUNE 16, 1987 7:30 P.M., CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson
George Bentley, Jean Harris, and Patricia
Pidcock
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CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to i
the City Manager Craig Dawson, City t
Attorney Roger Pauly, Finance Director
John D. Frane, Director of Community
Services Robert Lambert, Director of
Public Works Eugene A. Dietz, and
Recording Secretary Linda Jacobson
PLEDGE OF ALLEGIANCE
ROLL CALL:
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Anderson moved, seconded by Pidcock, to approve the
agenda and other items of business. Motion carried unanimously.
if. MINUTES
A. Regular City Council Meeting hgjId T.eaday May 19 1987
The foilowing items were changed on the Minutes: Page 7.
paragraph 5, "Pidcock said she thought the quality of life
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City Council Minutes 2 June 16, 1987
would be improved with this type of project." Page 11.
paragraph 5, "on-tenth" to "one-tenth".
MOTION: Anderson moved, seconded by Bentley, to approve the
May 19, 1987 City Council Minutes. Motion carried
unanimously.
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B. Board of Review Meeting held Tuesday. June 2. 1987
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The following item was changed on the Minutes: Page 10,
paragraph 4, "digestion" to "consideration".
MOTION: Harris moved, seconded by Pidcock, to approve the
June 2, 1987 Board of Review Minutes. Motion carried with a
Bentley abstaining. s
C. Regular City Council Niggling held Tuesday. June 2. 1987
The following items were changed on the Minutes: Page 8,
paragraph 6, add "if" before "it's approved". Page 11, VII A. 1 .,
paragraph 2, "approve" to "reaffirm".
MOTION: Hams moved, seconded by Pidcock, to approve the
June 2, 1987 City Council Minutes. Motion carried with
Bentley abstaining.
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Ill. CON5ENT CALENDAR
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A. Clerk's_License List
B. Aogrove Eden sake Elementary School Play Structurg Bid
C. Aoorpye Eden Prairie High School meat for 2Qol tune
D. Recelye aasil2ilily Study for Trunk Watermain,bg,tweeII,1-494
and.Rgyylsatl d.(Intemational SchgQl) and S& Put1lic
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City Council Minutes 3 June 16, 1987
Hearing, I. C. 52-117 (Resolution No. 87-148)
E. A22rove Plans and Specifications for Trunk Wajermain
between 1-494 and Rowland Road and a thgrize bids to be
received. I.C. 52-117 (Resolution No. 87-149)
F. Agpmye Plans and Sp=ifjcatiops for Prairie View Drive
al3d St. ,And= Drjvg Utility and Street construclion an
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ajjthg•ze bid2 to be received. I.C. 52-104 (Resolution No.
87-150)
G. Cooperative construction agreement with MnDOT for
i orovements to IH5 aasl of Wallace Road, I.C. 52-074
(Resolution No. 87-151) x
H. Cgo_pgra#ive Signal Agreement with M�DOT and Hennepin e
Coun fo_ r, installation at Mil,ace RoacVTHS and revision
to the signal at Mitchg1l F oad TH5. I.C. 52-074 (Resolution
No. 87-152
!. Change Order No. S. Ande=n Lakes Parkway. I.Q. 52-035
J. Appr'nyal.of Agr'eel33jW.t with ISD No. 272 for Lease
Agreomel3t wit .Qld.Cily Hall
K. Final Plat Aplaroyal of Cardinal Ridge (,ea8t of Bakgr Road
and north of Nina MileCreekl (Resolution No. 87-158
L. Final PlatA212royal of Eide Knolls (south of Valley View
Road and west of The Meadows Addition (Resolution
No. 87-159
M. Final Plat Aoor�l.of W2ljef Purgatory Acres 4th (reolat
o f Lot 1_ Slk. 3_ Walter Purgat� ,cam 1 st Addition)
(Resolution No. 87-161)
City Council Minutes 4 June 16, 1987
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N. Final Plat Aol2roval of Brody Addition(south of Eden
Road and west of Glen Lane (Resolution No. 87-162
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O. LA_ VON; lL INDUSTRIAL BUILDINGS 11 AND III. by LaVonne
Industrial Park Partnership. 2nd Reading of Ordinance
#21-87 from Rural to 1-2 and within the 1-2 District, and 2nd
Reading of Ordinance #22-87 from 1-2 Park to R 1-22 for
LaVonne Industrial Park 11 and 111; Approval of Supplements to
Developer's Agreement for LaVonne Industrial Park 11 and 111;
and Adoption of Resolution #87-163 Authorizing Summary and
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ordering Publication of Ordinance #21-87 and Adoption of
Resolution #87-164, Authorizing Summary and Ordering f
Publication of Ordinance #22-87. 95,100 square feet of
?a
industrial space within two buildings together with 3 single
family lots. Location: East of Chicago Northwestern Railroad,
north of Stratford Road, and west of Leesborough Avenue.
(Ordinance #21-87, Rezoning from Rural to 1-2 and within 1-2;
Ordinance #22-87, Rezoning from 1-2 to R1-22; Resolution
#87-163, Authorizing Summary and Publication and Resolution
#87-164, Authorizing Summary and Publication)
P. Denim Ridgewood West 6th PUD (Resolution No. 87-178)
Q. Aal2rove Plans and Soe. cific ions forIH5 ltIIt2IQY.Qa)2t -
between Prairie Center Dwe and WallarA Road (Resolution No.
87-175)
R. Final Plat Approval for r Miichell taWS (south of SCenic
Heights Road. east of Hiawatha Avenue) Resolution No. 87-176
S. AQlaroyal of Mutual Aid Agreement with City of ha oo—e
T. BLUESTEM HILLS 3RD ADDITIQN, b B m y Brown Land Company.
Request for Preliminary Platting of 1 .63 acres into three
single family lots. Location: South of Biuestem Lane, north of
Purgatory Creek.
City Council Minutes 5 June 16, 1987
,Anderson asked the Planning Staff with reference to Item M if
the trail corridor is straightened out through that parcel.
Director of Planning Enger responded that it was.
Bentley pointed out that Item J contains an indemnification r
clause that was not in previous information. Peterson asked
City Manag.sr Juilie if Item J assumes the inclusion of this
amendment. Jullie responded that it does.
MOTION: Bentley moved, seconded by Peterson, that Item III C
be moved to Item X E. 3. on the Agenda for further discussion.
Motion carried unanimously.
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MOTION: Anderson moved, seconded by Bentley, to approve the
Consent Calendar as amended. Motion carried unanimously.
IV. PUBLIQ HEARINGS
A. IHE RIDGE 2ND ADDITION by Dirlarn Development. Request for
a
Comprehensive Guide Plan Change from Industrial to Low
Density Residential on 6.7 acres and from Public Open Space to
Low Density Residential on 12.2 acres, Planned Unit
Development Concept Amendment on 41.5 acres, Planned Unit
Development District Review on 41.5 acres with Zoning
District Changes from t-Gen to R1-13.5 on 37.7 acres with
variances, Preliminary Plat of 41.5 acres into 70 single family
lots, one outlot, and road right-of-way. Location:. West of
Evener Way, South of the Chicago, Milwaukee, St. Paul and
Pacific Railroad. A continued Public Hearing from June 2,
1987. (Resolution #87-166, Comprehensive Guide Plan
Amendment; Resolution #87-167, PUD Concept Amendment of
Crescent Ridge PUD; Ordinance #30-87-PUD-5-87, PUD
District Review and Rezoning; Resolution #87-168,
Preliminary Plat)
City Council Minutes 6 June 16, 1987
City Manager Jullie stated notice of this Public Hearing had
been published and property owners within the project vicinity
had been notified.
Dennis Dirlam, representing proponent, addressed the proposal.
Planning Director Enger said the Planning Commission F
revieweu this proposal at the May 11 th and May 26th meetings.
At the May 26th meeting the Planning Commission
recommended approval on a 4 - 0 vote subject to Staff
recommendations of May Sth and May 22nd, and subject to
proponent's plans submitted at the May 15th and May 22nd
meetings.
Enger refers ed Council to the May 8th and May 22nd Staff
reports. He said revisions have been made for lots with
minimum frontage on public street. But there's 3 lots that are
less than 85 feet of frontage on 90 degree curves which
proponent is requesting variances for and which staff t
recommends as reasonable. Enger mentioned the trail system
for the area and tree replacement.
Enger stated proponent talked with him today and Staff is 1
recommending he be allowed to start not more than 5 models
in area not to be occupied or sold for occupancy.
Peterson asked until what time. Enger said until Dell Road or
Evener Way is completed or open for traffic and the other road
is under construction.
Bentley asked proponent how temporary the temporary lift
station would be. Dirlam said they're estimating a 5 to 10
year time for the sewer line to get to the area.
Bentley asked if there are any alternatives. Director of Public
Works Dietz said there isn't. The practice is to have proponent
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City Council Minutes 7 June 16, 1987
pay a fee up front for maintenance of the temporary facility
until it can be disconnected.
Bentley asked if the City of Chanhassen is aware that
consideration is being given to using their storm sewer
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connections. Dietz indicated there was discussion about
hooking that sanitary sewer system into that lift station. But 4
that Chanhassen felt that the capacity and length of time were m
so uncertain that they just couldn't accommodate that.
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Dietz pointed out that as far as storm sewer goes Chanhassen
has storm flow that goes easterly from the area and its
the proponents responsibility to deal with that situation.
Bentley mentioned the concern about road connection from the
east, in particular Evener Way. He asked how that issue is
going to be resolved.
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Dietz said later in the Agenda there's a petition from Mr.
Dinam requesting a feasibility report be prepared for the
extension of Evener Way as well as Deli Road. Dietz said they
can accommodate that feasibility study. He also mentioned
they expected for a long time that that roadway would be c
constructed.
Dietz mentioned that Round Lake Estates was given plat
approval up to the eastern line of this proposed Ridge project.
However, when they came through for final plat approval they
did it in phases. Approximately 30 percent of the roadway of
Evener Way is outside the plat that was approved for the 1 st
Addition of Donnay's Round Lake Estates.
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Dietz said the consideration will be whether or not to do a
feasibility study and do the project through special
assessment.
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City Council Minutes 8 June 16, 1987
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Senile asked if proponent is participating in construction of
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Dell Road up front or will property owners be assessed along
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there. Dietz responded that they anticipated some type of
special assessment agreement.
Dietz said at the conclusion of the feasibility study there
would be some definition of what the costs are so an escrow
account could be established for future payment. Dietz a
mentioned their goal is to have feasibility study done
and decisions made about construction before the lots change
hands.
Harris asked if there's been any conversation about time line
of developng Evener Way with the developer. Enger said he
talked to the Donnay people and they said they may have Evener
Way completed within two years. Enger said what is to be
considered is a special assessment project that would hurry
that process and perhaps have it constructed by mid summer
next year, over the objection of the Donna le.
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Pkicock asked if Mr. Dirlam is proposing to build 5 models this
fall and hold them until next year. Dirlam responded they
would like to start development this fall and have models up in
the spring. So we'll know this fall is Evener is going to be
built and we can coordinate construction with construction of
Evener Way.
Anderson asked if anybody has contacted the railroad about
plans of Dell Road. Dietz said, "no," and mentioned the first
step with the railroad is a permit application. Anderson
mentioned that the railroad should be contacted early on so no
delays occur there.
Anderson asked what the City plans for Dell Road are. Dietz
responded there's a sidewalk on one side and a trail on the
other and they would expect that to continue through this
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City Council Minutes 9 June 16, 1987
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project.
Harris asked what the projection for completion of Dell Road
and Evener Way would be if the Council acts positively on the
petitions. Dietz responded that Dell Road would be a two-year
project. Dietz said Highway 5 will not be constructed by
MnDQT until 1991, so there will not be a full intersection at
Dell Road and 5 until 1991.
Peterson asked if industrial traffic will utilize Evener Way
until the Dell Road and Highway 5 intersection is complete.
Dietz said they would post that to prohibit that type of
activity, industrial truck traffic.
Bill Fairbanks, 18586 Kristie Lane, expressed concern over the
special assessment and who pays for it. Dietz replied they
have a special assessment agreement with Trumpy Homes
for the area north of the railroad tracks. The Chanhassen will
pay their share and the east side will be paid by the proponent.
The figure for the area north of the tracks is $25,000.
Mr. Fairbanks asks if that will fall upon the people that have
built new homes in that area. Dietz said there's a special
assessment agreement for the properties immediately 1
adjacent to Dell Road. And that the special assessment s
agreement was recorded against the property.
Ralph Tully, Attorney at Law, representing the Donnay
interests. He referred Council to his letter he submitted. And
pointed out their contract with the City under their PUD
agreement to do street and utilities on Evener Way. He
mentioned they need to go in an orderly manner in development
of the project and that it would be very expensive to do
otherwise at this time.
John Kerber, 18424 Twilight Trail, was concerned about safety
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City Council Minutes 10 June 16, 1987
at the intersection of Twilight Trail and Dell Road when it's
put through. Asked how the traffic will be controlled.
Dietz responded it has not been addressed at this time but they
will consider it when the project is designed.
Bentley stated he didn't have any problem with the rezoning i
and the plat. He stated that any second reading should be
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contingent upon a granting of construction of Evener Way. And
the feasibility study should address whether or not it can be ' J
done.
Bentley said proceeding with the 1 st Reading would be a
positive thing because its a good project.
Peterson asked Bentley if his assumption was that the 2nd
Reading not be given until after the second full completion of
the resolution, i.e., the feasibility study.
Bentley said ordering construction of Evener Way would have
to take place prior to a 2nd Reading.
Harris said she agreed with the concept and thinks its a good
project. And also agrees to go ahead with the 1 st Reading, but
should not got to 2nd Reading without some indication that
there's going to be an egress.
Bentley asked City Attomey Pauly if there's a problem with
the delay between 1 st and 2nd Reading. Pauly said there
wasn't.
MOTION: Bentley moved, seconded by Pidcock, to close the
Public Hearing and adopt Resolution No. 87-166 approving the
Comprehensive Guide Plan Amendment. Motion carried
unanimously.
City Council Minutes 1 1 June 16, 1987
MOTION: Bentley moved, seconded by Pidcock, to adopt
Resolution No. 87-167 for PUD Concept Amendment of the
Crescent Ridge PUD. Motion carried unanimously.
MOTION: Bentley moved, seconded by Harris, approve 1 st
Reading of Ordinance No. 30-87-PUD-5-87 for PUD District
Review and Rezoning; with the understanding that 2nd Reading
will not come until such time as resolution of the feasibility
study and construction of Evener Way has come about. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Harris, to adopt
Resolution No. 87-168 approving the Preliminary Plat; with
the understanding that 2nd Reading will not come until such
time as resolution of the feasibility study and construction of
Evener Way has come about. Motion carried unanimously.
MOTION: Bentley moved, seconded by Harris, to direct Staff to J
prepare a Development Agreement incorporating Commission
and Staff recommendations and Council conditions. Motion
carried unanimously.
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B. ADO SERVICE SIATION Amoco Oil Company. Request for f
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Comprehensive Guide Plan Amendment from Low Density
Residential to Community Commercial on 0.94 acres, Zoning
District Change frorr Rural to C-Highway on 0.94 acres, and
Preliminary Plat of 0.94 acres into on lot. Location:
Southeast comer of Shady Oak Road and Crosstown Highway
#62. (Resolution #87-169, Comprehensive Guide Plan i
Amendment; Ordinance #31-87, Rezoning from Rual to
C-Highway; Resolution #87-170, Preliminary Plat)
City Manager Jullie stated notice of this Public Hearing had
been published and property owners within the project vicinity
had been notified.
City Council Minutes 12 June 16, 1987
Jim Phillipee, representing the proponent, addressed the
proposal.
Planning Director Enger said the Planning Commission
reviewed this item at the May 26th meeting. The Planning
Commission recommended approval of the Comprehensive
Guide Plan Amendment. Pointed out this is the second
Comprehensive Guide Plan Amendment being reviewed this
evening, on the basis of the plans dated April 24th, 1987 and
subject to recommendations of Staff report dated May 22nd,
987.
Enger said there's a request for a modification of the
location of the pylon sign to meet the 35 foot set back and
reduce the sign's square footage to meet code. Enger pointed
out this was not reviewed by the Park and Recreation
Department.
MOTION: Anderson moved, seconded by Bentley, to dose the
Public Hearing and adopt Resolution No. 87-169 approving the
Comprehensive Guide Plan Amendment. Motion carried
unanimously.
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MOTION: Anderson moved, seconded by Bentley, to approve 1 st
Reading of Ordinance No. 31-87 for Rezoning. Motion carried
unanimously.
MOTION: Anderson moved, seconded by Pidcock, to adopt
Resolution No. 87-170 approving the Preliminary Plat and
Direct Staff to prepare a Development Agreement
incorporating Commission and Staff recommendations and
Council conditions. Motion carried unanimously.
Peterson stated there's a request dated June 12th to review the decisions of
the Board of Appeals relative to Anderson's Garden Shoppe, which didn't get
on the Agenda at this point. r
City Council Minutes 13 June 16, 1987
Bentley asked City Attorney Pauly if we need to publish consideration of an
appeal of the Board of Appeals. Pauly responded they can't deal with the
substantive issue raised but can set a time for considering it.
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Pauly referred to the Code and said in his opinion it would be appropriate to
set a date within the next 60 days for consideration of the matter and not
consider it this evening. He stated it is not a Public Hearing in the sense it
has to be published but it is a Public Hearing where parties may appear.
MOTION: Bentley moved, seconded by Petersen, to suspend the-Agenda and set
our next regular Council meeting, which is July 7th, for the purpose of
reviewing the appeal for Anderson's Garden Shoppe. Motion carried
unanimously.
C. LEGION PARK, By R. M. Feerick & Associates. Request for f
Comprehensive Guide Plan Amendment from Industrial to
Community Commercial on 2.9 acres, Zoning District Change
from 1-2 to Community Commercial on 2.9 acres, and 1
Preliminary Plat of 9.33 acres into 3 lots and 1 outlot with
variances to be reviewed by the Board of Appeals for I
construction of a 14,400 square foot building. Location: East
of County Road #4, north of the Chicago and Northwestern
Transportation Railroad. (Resolution #87-171, Comprehensive
Guide Plan Amendment; Ordinance #32-87, Rezoning from 1-2
to Community Commercial; Resolution #87-172, Preliminary
Plat)
City Manager Juilie stated notice of this Public Hearing had
been published and property owners within the project vicinity '
had been notified.
Dick Feerick, representing the proponent, addressed the
proposal.
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Dennis Bertrand, representing the Legion, addressed the
City Council Minutes 14 June 16, 1987
Legion's plans for the building.
Dan O'Brien, representing the architects, addressed
architectural design issues.
Planning Director Enger said the Planning Commission
reviewed this at the May 26th meeting and recommended for
approval on a 4 - 0 - 1 vote, Mr. Hallett abstaining, subject to
Staff report of May 22nd and materials provided by proponent
dated April 28th. Enger mentioned that Staff recommended the
landscaping and grading plan be revised to screen parking.
Enger said the proponent will have to go through a site plan
review by the Planning Commission and City Council prior to
development of remaining industrial parcels.
Enger mentioned there were some variances required on lot and
zone size for Community Commercial Zoning District. They
will need to go to the Court of Appeals for those.
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Bentley asked Mr. Feerick if he understood and agreed any
development of the remaining sites would have to go through
the review process of the City. Mr. Feerick responded he did.
Harris asked what will happen to the current facility on the
site. Mr. O'Brien responded it will eventually be destroyed and
explained how it will be used during construction.
Pidcock asked Mr. Enger about the roof material to be used for
the new building. Enger responded it's similar to color-clad
material in that it's a galvanized or sheebnetal product that is
coated. He explained its electrostatically coated to
resemble cooper and it should be a good durable product.
MOTION: Anderson moved, seconded by Pidcock, to close the
Public Hearing and adopt Resolution No. 87-171 approving the
City Gouncil Minutes 15 June 16, 1987
Comprehensive Guide Plan Amendment. Motion carried
unanimously.
MOTION: Anderson moved, seconded by Pidcock, to approve the
1 st Reading of Ordinance No. 37-87 for Rezoning. Motion
carried unanimously.
MOTION: Anderson moved, seconded by Pidcock, to adopt R
Resolution No. 87-172 approving the Preliminary Plat and
Direct Staff to prepare a Development Agreement
incorporating Commission and Staff recommendations. Motion
carried unanimously.
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D. MAJESTIC OAjM by All-Land Corporation. Request for Zoning
District Change from Rural to R1-13.5 on 5 acres, Preliminary
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Plat of 5 acres into 12 single family lots. Location: East of
West 168th Avenue, south of Manor Road. (Ordinance #33-87,
Rezoning from Rural to R1-13.5; Resolution #87-173,
Preliminary Plan
City Manager Jullie stated notice of this Public [-bearing had x
been published and property owners within the project had
been notified.
Steve Pellinen, representing the proponent, addressed the a
proposal.
Mark Lewis, representing the proponent, addressed
neighborhood issues.
Robert Blunt, representing the proponent, addressed the
proposal.
Planning Director Enger said the Planning Commission
reviewed this item at the May 26th meeting. The main issue
was whether there should be a cul-de-sac, as proposed by
City Council Minutes 16 June 16, 1987
developer, or whether the road should continue on through to
168th Street.
Enger said the Planning Commission continued this to the June
8th meeting and asked for input from Public Safety, both
police and fire, and from the Engineering Department. Those
groups indicated that this proposal met the City policy of
continuing through requiring a through road rather than a x
cul-de-sac.
Enger mentioned the concerns of the City of having too many
cul-de-sacs. And talked about the City's position on building
cul-de-sacs.
Enger said the original plan was to have the road continue
through to the south, but the Staff pulled back from that
recommendation and suggested the road loop out to 168th
Street.
Enger said the design proposed by the developer does not meet
City Standard and does pose difficulties for snow removal.
That they are proposing a storm sewer pond in the center of
the cul-de-sac. He said if the standard City cut-de-sac were
used you would have 7 lots there rather than the 9 that are
shown, bringing the total plan to 10 lots rather than 12.
Enger said the plan shown tonight is an 11 unit plan and
contains a cul-de-sac. And this requires a variance on Lot 2
for lot width. Enger said Staff would support that variance as
long as they were assured by proponent that it wouldn't
require another variance for lot set back. f
Enger said that the planning Commission did recommend
continuing the road.
Director of Public Works Dietz said over the years there have
City Council Minutes 17 June 16, 1987
been many efforts to increase the diameter of cul-de-sacs.
The problem with increasing diameter is you have more street
to maintain and have elected in the past not to proceed with
that. He also mentioned putting center islands in and
discussed the maintenance of those.
Dietz mentioned that it's not the fact that the City Staff is
recommending that the road be continued through to 168th
Avenue West that creates the hardship on number of tots, its
the cul-de-sac requirement and the shape. He said if the
cul-de-sac goes in, it should conform to City standards.
Dietz referred to his memorandum that he wrote. He
mentioned he sketched a tear drop designed cul-de-sac on the
plan that they show and it doesn't seem to make any impact on
lot widths.
Peterson asked if the northern end of th cul-de-sac is a dead
end or is it intended to go through at a later date. Dietz said
the existing Manor Road stops at that point and that's an
existing roadway. Also mentioned complete detail of the roads
are not shown on that drawing.
Bentley asked if Staff has had a chance to review this latest
proposal. Dietz said they haven't. Enger said this proposal is
in response to alternative 11 that the Planning Commission
recommended approval of in the Staff report.
Peterson asked what affect either proposal will have on the
development of the property and the provision for roads to the
south. Enger responded that the property to the south would
develop with a through road bisecting it in the center, east
to west, from 168th to South Manor Road. Dietz said page
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1642 shows a good picture of how that might work.
Bentley mentioned that having been involved in previous
City Council Minutes 18 June 16, 1987
discussion to the north that he could not go along with the
cul-de-sac approach.
Bentley said he has concerns about taking action this evening
prior to Staff having the opportunity to review it and make
recommendations. He feels the matter should be continued.
Peterson mentioned that the prevailing attitude of this Council
and previous Councils applied here, unless there are
insurmountable extenuating circumstances, they generally
opt for connecting roads.
Harris mentioned concerns about continuing to develop
puzzling dead ends which impedes efficient police and fire
response. Also concerned that the current cul-de-sac does not
meet City Code.
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Jullie mentioned he had a quick look at the general concept
with Mr. Blunt and it is conceptually acceptable and they can
support that as a reasonable request and utilization of the A
property. '
Peterson mentioned that Staff might be comfortable in a i st
Reading with the alternative and then 2nd Reading contingent
upon more careful review of the proposed alternative.
Peterson also mentioned pedestrian access to the park. Enger
explained how people will get to the park.
Enger referred to the number of units per acre you can have in
the R1-13.5 district. And said the development with 11 lots is
in the relm of feasibility with other developments in town.
MOTION: Bentley moved, seconded by Anderson, to continue the.
Public Hearing for consideration by Staff of the alternative
proposal with a through street and 11 lots to the July 7th
meeting. Motion carried unanimously.
City Council Minutes 19 June 16, 1987
V. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Harris, to approve the
Payment of Claims Nos. 35235 to 35480. Roll call vote:
Anderson, Bentley, Harris, Pidcock, Peterson voted "aye".
Motion carried unanimously.
IV. ORDINANCE$ & RESOLUTIONS
A. ANDERSQN'S GARDEbl S OPPE, by Don C. and Rita L. Anderson,
and H. J. Nyhammer. Request for Comprehensive Guide Plan
Change from Low Density Residential to Neighborhood
Commercial on 1.01 acres, Zoning District Change from C-Com
to N-Com on 0.7 acres and from R1-22 to N-Corn on 0.31 acres a
to be known as Lit' Red.. Also, Comprehensive Guide Plan #
Amendment from Low Density Residential to Community
Commercial on 1 .27 acres and Zoning District Change from
R1-22 to C-Com on 1.27 acres and from R1-22 to R1-13.5 on
1 .86 acres, with variances to be reviewed b y the Board of
Appeals, and Preliminary Plat of 3.1 acres into six lots and
road right-of-way to be known as Anderson's Garden Shoppe.
(Lil' Red-- Resolution #87-144, Comprehensive Guide Plan
Amendment to Neighborhood Commercial; Ordinance #28-87,
Rezoning to Neighborhood Commercial; Anderson's Garden
Shoppe--Resolution #87-145, Comprehensive Guide Plan
Amendment to Community Commercial; Ordinance #29-87,
Rezoning to Community Commercial; Resolution #87-146,
Preliminary Plat)
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City Manager Jullie stated this item was continued from prior
agendas at the request of the proponents. The documents are
prepared that Council directed. The Board of Appeals and
Adjustments reviewed this item at their last meeting. The
variance request was denied by the Board of Appeals. i
City Council Minutes 20 June 16, 1987
Jullie said they are advising that the Board's action affect the
ability to utilize the property but not the rezoning process.
Bentley said that all the motions should be contingent upon
positive resolution of the usage issue relative to the Board of
Appeals. Harris asked if that also included resolutions
applying to Ur Red. Enger answered "no"
MOTION: Bentley moved, seconded by Anderson, to adopt
Resolution No. 87-144 for Comprehensive Guide Plan
Amendment to Neighborhood Commercial. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Anderson, to adopt
Ordinance No. 28-87 for Rezoning to Neighborhood Commercial.
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Motion carried unaninwusly.
MOTION: Bentley moved, seconded by Harris, to adopt
Resolution No. 87-145 for Comprehensive Guide Plan
Amendment to Community Commercial with the understanding
that 2nd Reading is contingent upon positive resolution of the
usage issue relative to the Board of Appeals. Motion carried
with Anderson opposing.
MOTION: Bentley moved, seconded by Harris, to approve 1 st
Reading of Ordinance No. 29-87 for Rezoning to Community
Commercial with the understanding that 2nd Reading is
contingent upon positive resolution of the usage issue relative
to the Board of Appeals. Motion carried with Anderson
opposing.
MOTION: Bentley moved, seconded by Harris, to adopt
Resolution No. 87-146 approving the Preliminary Plat with the
understanding that 2nd Reading is contingent upon positive
resolution of the usage issue relative to the Board of Appeals.
Motion carried with Anderson opposing.
City Council Minutes 21 June 16, 1987
MOTION: Bentley moved, seconded by Harris, to recommend
that Staff prepare a Developer's Agreement per Council and
Staff recommendations. Motion carried with Anderson
opposing.
VIl. PETITIONS. REQUESTS & COMMUNICATION35
A. Towpfine Road - Revio&preliminary concept layout 121an
(Resolution No. 87-156)
Director of Planning Dietz reviewed the plans for Townline
Road. He said he feels the road needs to be built for the
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residents as well as through traffic. He stated the project
would be open for bids in 1989 at a cost of $7.4 million. The
center section would be open for bids in 1991 at a cost of $7.8
million. Dietz went on to discuss the traffic levels at the
different segments of construction.
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Dietz stated that the resolution would not necessarily give
final approval to the whole project but to get County to build
it as soon as possible.
Pidcock asked if when 62 is completed to Baker Road won't the
traffic increase dramatically. Dietz replied that it probably
would. but its County's goal to have a signal in this area by
that time.
Dietz also stated that County is knowledgeable on what the
traffic projections are going to be and are going to construct
traffic control devices with the project.
Harris asked what Minnetonka's objection was to continue with
the median. Dietz referred to the objections of the SAVE
City Council Minutes 22 June 16, 1987
group. He said Minnetonka is responding to the citizens and
trying to mediate a difficult situation.
Harris asked if there's a center turn lane for the road, which
direction is going to have the turn lane. Dietz said it would be
a continuous left turn lane and you both would use the same
center lane.
Anderson pointed out the tremendous need for this roadway.
But by building a two lane roadway you're not thinking to the
future.
Peterson pointed out the fact that two lanes is a long
construction period and then 5 years later they come with two
more lanes, you've got ten years of construction.
Harris pointed out her experience with the continuous IEft turn
lane as pure fright. And asked for statistics relating to the
number of accidents with that configuration.
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Bentley said he thinks its a very serious mistake to go with a
three lane roadway there. He feels a four lane road or two lane
road would be a better alternative.
Peterson said for the benefit of the residents we would have
to strongly encourage the County to provide an adequate
facility and something that will last for 20 years and not 5 or
6.
Peterson said that the SAVE organization and residents of the
area were notified by Staff.
Peterson said they are considering a proposal of Resolution
that would amend layout number 6 encouraging them to
continue the use of the center median for the entire length.
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City Council Minutes 23 June 16, 1987
MOTION: Bentley moved, seconded by Anderson, to adopt
Resolution No. 87-156 and to add item E, which would state
the City encourages the design to include a full four lane
facility throughout the length of the proposed improvement.
Motion carried unanimously.
B. Receive petition for st=t and utilily improyements for
extension gf Winer Way and authorize - - ration of a
feasibilily study,I.Q. 52-125 (Resolution No. 87-153)
Director of Public Works Dietz said this needs a Resolution to
authorize a feasibility study. He said as proposed the
proponent would build the entire segment of Evener Way
through the project by feasibility study or the public
improvement. Mentioned the only issue is the timing as it
relates to the Donnay people.
Bentley said by ordering a feasibility study is by no way an
ordering of the project itself. And hoped that the two parties
involved would have some conversation relative to this issue.
Ralph Tully, Attorney for Donnay, asked if they understood
Donnay's position on this and was willing to answer any
questions.
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MOTION: Bentley moved, seconded by Anderson, to adopt
Resolution No. 87-153. Motion carried unanimously.
C. Receives petition for street. storm siawet and bike path
imRrovemens for DQlI Bgad adjacent to The Bidggj 2nd Addition
and authorize Sara ion of,a feasibility study- .0 52-126
(Resolution No. 87-154)
Director of Public Works Dietz said they would recommend
adoption of the Resolution requesting a feasibility study on
the project.
City Council Minutes 24 June 16, 1987
MOTION: Bentley moved, seconded by Pidcock, to adopt
Resolution No. 87-154. Motion carried unanimously.
D. Authorizing issuance of footing permit and directing Staff to
prepare documentation for Holasek House.
City Manager Jullie said the proponents on the project are the
people that operate Camp Eden Wood. And they have gotten the
permission of the Board of Appeals to move the house. Since
it's the City's property the Council needs to approve that
action. Jullie said there needs to be an amendment with the
lease agreement that they have with MRC that operates the
camp. p
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Jullie said they're suggesting Council to authorize Staff to
issue a footing permit for that project.
Harris asked if there are any costs to the City in terms of the
move. Jullie said there would be no costs associated with
this.
Bentley asked who would maintain the house. Jullie said it
would be under Camp Eden Wood's operation and maintenance.
Bentley asked what happens if they go out of business. Mr.
Gode responded that any improvements they have made on the
property revert back to the City.
MOTION: Pidcock moved, seconded by Anderson, to adopt
Resolution No. 87-186 to authorize issuance of footing
permits to move the Holasek House onto Birch Island Park
property and to direct Staff to prepare the documentation and J
continue that portion to the July 7th meeting. Motion carried
unanimously.
City Council Minutes 25 June 16, 1987
Vill. REPORTS OF DA VISORY COMMISSIONS
There were no reports.
IX. APPOINTMENTS
There were none.
X REPORTS OF OFFICERS. BOAPCS & COMMISSIQNS
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A. Reports of CgUncil Members
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1 . City's Water Situation
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Anderson expressed his concerns about the lack of water and
wanted to know what's down the road if this drought
continues.
City Manager Juilie said they'll have to think about what
they'll do with the odd/even schedule, assuming no mechanical 5
breakdowns. Jullie said if everyone under the oddleven
schedule took advantage of it, they would have problems.
Pidcock asked what was being done for the automatic sprinkler
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systems that are running all the time. Dietz said they
might have to give citations out to get everyone's attention.
He said to try to get it to work as best as possible they need
to give better enforcement to the ordinance.
Dietz said if we go to odd/even from noon to seven and
everyone waters, they don't have enough water to do that.
Harris asked what the reserve water level was. Dietz said the
Baker Road tank contains two million gallons, Hidden Ponds
City Council Minutes 26 June 16, 1987
has a million and a half, and two million gallons at the water
plant. One of which they have valved off in case of a fire
emergency.
Dietz said the system is designed to supply peak demands, but a
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they're a little short of being able to do that now. The l
expansion will be on line in April of 1988.
Anderson mentioned that maybe new developers hold off
sodding until fall or until there's more rain. He also mentioned
he did not want to go to a total ban.
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Anderson suggested that Council continue with the odd/even
days and noon to seven ban. Also ask Public Safety and the
Fire Department to issue %varn,ng tickets informing people of
the restrictions.
Peterson suggested they have no sprinkling from seven a.m. to
seven p.m. everyday for everybody. And mentioned that this is
an impending crisis.
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Harris said she wasn't sure people really adhere to the ban.
Said the letter to all residents is very important.
MOTION: Bentley moved, seconded by Harris, to continue with
the oddleven days and have a ban from nine a.m. to seven p.m.
Motion carried with Peterson opposing.
MOTION: Anderson moved, seconded by Harris, to send out the
letter, that they give warning tickets, and those people who
have not complied and have got a warning ticket be cited for
violation of City Ordinance. Motion carried with Bentley
opposing.
B. Report of City Manager
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City Council Minutes 27 June 16, 1987
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City Manager Judie informed Council of his upcoming vacation.
C. R22ott..9f Cite Attorney
City Attorney Pauly advised Council of a case decided by the
United States Supreme Court, opinion issued last week, tt
regarding land use regulations. f
D. Reg rtt gf Director of Planning
There was none. i
E. Report of Director of Community Services
1. Request authorization t hire ire Architect to gLggAre Ip ans
• ,and p2cifications to bid for repair of Community Center
Bentley referred to repairs as outlined in Mr. Lambert's
memo. He said at this time he would consider not to
add the three racquetball courts.
Lambert stated it would be $65,000 for design and
inspection fees for just doing the natatorium and the
north wall of that racquetball court to make it useable.
Bentley asks if they need to approve dollar amount at
this time. Lambert stated that would be approved when
the contract is approved.
MOTION: Bentley moved, seconded by Harris, to approve
authorization to hire architect to repair Community
Center, with the exception of Item 4 on the
recommendation. Motion carried unanimously.
2. Aoprove propQsMd revi jQp, to rental. p=r„am and
m�Lhershi12 fees,at the Cj2mmunibf Center (Resolution
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City Council Minutes 28 June 16, 1987
No. 87-177)
MOTION: Anderson moved, seconded by Bentley, to
approve Resolution No. 87-177. Motion carried
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unanimously.
a
d
3. Ag1pr�.ove Eden Prairie High Scbagl Muest for pool time
Bentley said the Park Commission recommended to leave
it as is as far as the policy. Which is City program and 1
open swim number one, high school second, and Fox Jets
or any other club third. So recommended that the high
school be able to extend into the Fox Jet time and the
Fox Jets cannot extend into open swim time.
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Anderson pointed out the the swimming program for the
school only lasts three months and the Fox Jets goes all
year.
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MOTION: Bentley moved, seconded by Pidcock, to adopt
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Item III C. from the Consent Calendar. Motion carried
unanimously.
F. Rggorof Director of Public Works
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1. M 212 E�,vj�onrnital Impact Statgmpnt Joint_Powers
Agreement (Resolution No. 87-155) l
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MOTION: Bentley moved, seconded by Pidc ock, to adopt
Resolution No. 87-155. Motion carried unanimously. 3
XI. NEW BUSINESS
There was none.
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City Council Minutes 29 June 16, 1987
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X11. ADJWRNMENT
MOTION: Bentley moved, seconded by Pidcock, to adjourn the
City Council meeting at 11:35 p.m. to a closed session with
City Attorney Pauly to discuss matters of litigation.
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