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City Council - 07/07/1987 City Council Minutes 1 July 7, 1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, July 7, 1987 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive ;a COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia Pidcoc k ;r CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attomey 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: All members were present. 1. BPPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were deleted from the Agenda: Ill. C. and Ill. K. These will be continued to July 21, 1987. MOTION: Harris moved, seconded by Anderson, to approve the Agenda and Other Items of Business, as amended and published. Motion carried 5-0-0. II. MINUTES OF„REGIJLAR CITY COUNCIL MEETING H TUESD", JUNE 16_ 1.987 The following item was added to the Minutes: Page 18, paragraph 4, "Harris mentioned concerns about continuing to develop puzzling dead ends which impedes efficient fire and police response." MOTION: Bentley moved, seconded by Anderson, to approve the June 16, 1987 City Council Minutes 2 July 7, 1987 City Council Minutes. Motion carried 5-0-0. Ili.CONSENT CALENDAR A. Clerk's License List B. Resolution No. 87- 9t 3. Prcc_laining the week of August 17. 1987 to suppgrt Cnite Wes-y's community camp 9r 1n Eden Pr irie C. Final Plat approval for Blossom idge(e ,south of15jossom Road and east of ,Sennett Place) Resolution No. 87-195 D. Final Plat aQproyal for Prairie Bluffs (south of Cg. Rd. No. 1 and north,of Bluffs Fast 4th Addition) Resolution No. 87-199 E. BesolUtion Eeguesting Metropolitanr rni sewer connection permit for Cardinal Ridge (Resolution No. 87-196) F. Change order No. 1 - Homeward Hills Road, I.C. 52-033A G. Authorize reconveyance of 5urRlus parcel - Outlot 1 . Claredone Park. to ,., Hennegin County (Resolution No. 87-197) H. Aggroye ioint constructignfunding agr n i hRiley-Puraato!X-Bluff Creek WateLhed District fQr Round Lake to Staring Lake Chain of Lakes I. Authorize Mayor and City Clerk to execute a Li!Qp,ps agreement with the Chicago and Northwestern Transportation Company for "Chain of Lakes Proie=: (Resolution No. 87-198) J. LITTLE~ REQ C ROCERY STORE, by H. J. Nyhammer. 2nd Reading of Ordinance #28-87, Rezoning from Community Commercial and R1-22 to Neighborhood Commercial for 1.32 acres for Little Red Grocery Store; and Adoption of Resolution #87-162, Authorizing Summary of Ordinance #28-87. and Ordering Publication of Said Summary. Location: Southeast quadrant of Valley Road and County Road #4. (Ordinance #28-87, Rezoning, Resolution #87-162. Authorizing Summary and Publication) K. FAITH CHURCIJ !QF THE NAZARENE, 2nd Reading of Ordinance #23-87, Rezoning from Rural to Public on 5.87 acres; Approval of Developer's Agreement for Faith Church of the Nazarene; and Adoption of Resolution City Council Minutes 3 July 7, 1987 #87-165, Authorizing Summary of Ordinance #23-87 and Ordering Publication of Said Summary. 5.87 acres into one lot for construction of a church. Location: South of County Road#1, east of Blossom Road. (Ordinance z #23-87, Rezoning; Resolution #87-165, Authorzing Summary and Publication) L. j„UNDS CENTER, by Commercial Partners, Inc. 2nd Reading of Ordinance #17-87, Rezoning from Rural to C-Reg-Ser for 6.1 acres; Approval of Developer's Agreement for Lunds Center; and Adoption of Resolution #87-128, Authorizing Summary of Ordinance #17-87and Ordering Publication of Said Summary. 6.1 acres into on lot and road right-of-way for construction of a grocery store and commercial uses. Location: Southeast corner of Franlo Road and Prairie Center Drive. (Ordinance #17-87, Rezoning; Resolution #87-128, Authorizing Summary and Publication) M. PRAIRIE BUFF 5UI312IVISIQN, by Cardarelle & Associates, Inc. 2nd Kx: Reading of Ordinance #27-87, Rezoning from Rural to R1-13.5 on approximately 7.4 acres; Approval of Developer's Agreement for Prairie Bluff Subdivision; and Adoption of Resolution #87-181 , Authorizing Summary of Ordinance #27-87 and Ordering Publication of Said Summary. 8.5 acres into 17 single family lots, 2 outlots, and road right-of-way. Location: South of ._ Pioneer Trail, west of County Road #1 S. east of Franlo Park. (Ordnance #27-87, Rezoning; Resolution #87-181 , Authorizing Summary and Publication) N. QgmQ Edenwood Request (Continued from June 16, 1987) #87-164, Authorizing Summary and Publication) O. Community Qevelopment Block Grant Discretiona1yApplication Pidcock opened discussion on Item B of the Consent Calendar. Pidcock mentioned concerns about doing this for one campaign and said her stand on this issue is still the same as last year. Bentley mentioned that United Way is numerous organizations and not just one organization and believes it's totally appropriate to support this. Peterson agreed with Bentley. i Pidcock said she is not withholding her support. Pidcock suggested if Council is going to get into proclaiming weeks for campaigns, they should do it for all worthwhile campaigns. City Council Minutes 4 July 7, 1987 Peterson said the fact that we proclaim the week of August 17 for the United Way does not preclude other organizations from doing the same. It does not prec:ude other organizations from requesting the same consideration. 4. Bentley asked about Item H. Wanted to know who's going to be responsible for any interest rates that exceed six percent. Jullie responded the plan is to e. borrow internally from the Utility Improvement Fund and Staff doesn't anticipate going to market with that. Pidcock questioned Item F. Wanted to know if the contractor can be penalized for coming back for$16,000 more. Dietz responded that most change orders they have deal with soil borings and that the contractor should not be penalized since he is bidding the contracts in good faith. MOTION: Bentley moved. seconded by Anderson, to approve Items A & B. Items D - J, and Items L - O of the Consent Calendar. Motion carried 5-0-0. IV. PUBLIC HEARINGS A. MAJESTIC OAKS. by All-Land Corporation. Request for Zoning District Change from Rural to R1-13.5 on 5 acres, Preliminary Plat of 5 acres into 12 single family lots. Location: East of West 168th Avenue, south of Manor Road. (Ordinance #t33-87. Rezoning from Rural to R1-13.5; Resolution #87-173, Preliminary Plat) Continued from June 16, 1987. City Manager Jullie stated this item was continued from the June 16th meeting. The proponents have submitted revised plans showing road connection access extending out to 168th Street and have applied for variances necessary for approval. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to Close the Public Hearing and approve 1 st Reading of Ordinance No. 33-87 for Rezoning. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Pidoock, to adopt Resolution No. 87-173 for Preliminary Plat approval. Motion carried "-0. MOTION: Bentley moved, seconded by Pidcock. to direct Staff to prepare a Development Agreement incorporating Commission and Staff City Council Minutes 5 July 7, 1987 recommendations based upon the plans that were submitted. Motion carried 5-0-0. B. TIMBER CREEK NORTH, by Timber Creek North Partnership. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.9 acres and from Public Open Space to Low Density Residential on 3 acres, Planned Unit Development Concept Amendment on 162 acres, Planned Unit Development Review on 89 acres with Zoning District Change from Rural to RM-6.5 on 14.9 acres, and from Rural to R1-13.5 on 44 acres with variances, and Preliminary Plat of 89 acres into 110 lots, 3 outlots, and road right-of-way. Location: South of Townline Road, west of Creek View Lane, north of Purgatory Creek. (Resolution #87-183, Comprehensive Guide Plan Amendment; Resolution #87-184, PUD Concept Amendment to Timber Creek Woods PUD; ORdinance #34-87-PUD-6-87, PUD District Review and Zoning; Resolution #87-185, Preliminary Plat. City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Terry Schneider, representing the proponent. addressed the proposal Planning Director Enger stated this was reviewed at the dune 8th and June 22nd Planning Commission meeting. The Planning Commission x recommended approval on a 6 - 0 vote for mixed Planned Unit Development of residential and open space, subject to the June 19th plans and Staff reports of June 5th and June 19th. Enger said the Planning Commission recommended approval of the project as proposed subject to the following: Provide a plan depicting the proper number of replacement trees; provide retaining wall detail; provide signage to go on the back of the townhouses that the area is zoned muFtiple family. Enger said the proponent has redone grading plans which puts townhouse units below the single family units rather than straight slope with uninterrupted sight line. Enger mentioned there are variances required for some lots along the creek. Since development is being moved off the other 21 acres some resulting lot fi sizes are slightly lower than allowed under the Shoreland Ordinance. Director of Community Services Robert Lambert said the Parks,Recreation and I City Council Minutes 6 July 7, 1987 Natural Resources Commission reviewed this proposal on June 15th. Stated there are five items relating to Parks, Recreation and Natural Resource issues. One, park dedication in lieu of park fees. Two, floodplain gift to the Eden Prairie Foundation_ Three, trail connections between neighborhoods. Four, grading and tree replacement. Five, floodplain and Shoreland Ordinances. Lambert stated the developer is willing to dedicate 21.1 acres of Outlot A in lieu of park fees which far exceeds what the ordinance requires and Staff recommends accepting park dedication in lieu of park fees. Lambert said the developer is proposing to give 30 acres of floodplain to the Eden Prairie Foundation, which transfers title back to the City. Lambert talked about the trail connections between neighborhoods. Stated that the neighborhood agreed to a natural or grass kind of trail connection. Community Services has no problem with a natural trail connection. Lambert said the other trail connection relates to the sidewalk system and recommends developer extend a sidewalk between the single family development and multiple family development south to where the sewer k easement will cross the floodplain. There Community Services Staff would : recommend a soft surface woodchip or aglime type of a trail crossing the creek to connect to the hard surface trail that exists. Lambert stated that the Parks, Recreation and Natural Resources Commission voted on a fi - 0 vote to approve those recommendations. Bentley asked about Mr. Helmer's letter to the Chairman of the Planning Commission relative to drainage on the site. Mr. Schneider points out the specific location on the map. Dietz said the request was one of two possibilities, one, reroute the drainage way back onto the outlot. The drainage channel would move into higher terrain which would cause more extensive grading. Two, put the drainage way into a pipe. This would have been particularly expensive. Dietz recommended to the Council that it require there be a berm placed across the end of the pond on the southerly end. Also, a pipe that would outlet the water from the area at the same flow rate as today. Mr. Schnider said he'd given Mr. Helmer a letter indicating they will put in at their expense a heavy crushed rock liner in the normal drainage way that goes through the back of his property. City Council Minutes 7 July 7, 1987 Peterson asked if that drainage is natural or is it constructed. Mr. Scheinder pointed out where the natural drainage was before the homes were constructed. Harris asked about maintenance costs on mowed versus chip or aglime trail. Lambert stated that total hours per year would be similar. Anderson asked how a person would get to other parts of the City if that } person can't drive a car. Lambert said if a person was going to Eden Prairie, that person would go south and cross the creek and go up through that trail system. s Anderson asked if the City has to have the trail system in order to get to some parts of Eden Prairie. Lambert said that was correct. Anderson mentioned the neighborhood would be isolated because a person would have to go Townline Road to County Road 4, then down 4 to the high school, ball fields, swimming beach. Lambert agreed with Anderson and mentioned a person could go out through the grass trail and through the existing neighborhood or go south through Timber Creek 1 st Addition. Anderson asked Lambert if Lambert has ric iden a bicycle on a woodchip trail. Lambert said he had. Anderson asked how it worked for him and Lambert stated, "Not very welt." . Peterson asked about winter maintenance on a grass or chip trail as opposed t to a hard surface. Lambert said the City would not maintain an open trail in the . wintertime. Lambert mentioned some hard surface trails that are heavily used are maintained by the City in the wintertime. Anderson asks where the nearest park is for residents of Timber Creek North. Lambert stated Edenwood Park to the south. Anderson asks how a person gets there from Timber Creek North and Mr. Schneider refers to a map to answer Anderson's question. l Anderson asks if the planned trail is a transportation trail or recreational trail. Lambert stated a transportation trail across the creek. Anderson asked if transportation trails are made of woodchips. Lambert stated transportation trails are not made of woodchips. Pidcock asked what the retaining walls will be constructed of. Enger stated they're proposed as timber retaining walls. Pidcock asked how long they last. Enger said if they're not made of proper material they will deteriorate and City Council Minutes 8 July 7, 1987 stated there are a couple pressure treated products out which will last 20 years and Staff is recommending the walls be made with pressure treated timbers. Peterson asked how supportive the developer is to have signage indicating multiple family units are going to be developed. Mr. Scheinder replied they are planning on having it in the purchase agreement that the buyer understands this is a PUD and approved for multiple and single family dwellings. Duane Hilleman, 16780 Whittington Walk, stated he was totally against this plan. He does not want multi-family dwellings across on the northeast side of the creek and stated there was an archeology discovery down by the glacial plain lake done by a professor at Normandale. Stated in the spring you can't cross the creek because of flooding. Gary Johnson, 16791 Whittington Walk, said he agreed with everything Duane { Hilleman said. a Judy Lindblad, 15916 North Eden Drive, opposes this project and that when they moved there that area was zoned rural and thought it would always be woods. Said her view will be gone. Robert Helmer, 6416 Creekview Lane, stated he sent the letter with the drainage problem in his backyard. He said he's satisfied with agreement Mr. Schneider talked about. He feels it's a good development. Chris Carney, 15908 North Eden Drive, stated he bought his house on the stipulation this area was to remain wooded. Said he only found out about this project two and a half months ago from neighbor. a Bentley asked Mr. Carney if he received a Public Hearing Notice on this issue. Mr. Carney said he did receive notice. Helen Savage, 15924 North Eden Drive, stated they bought their house for the view. Stated that she understood the area immediately behind their home was to be left as a floodplain. Duane Hilleman asks if there's ever been an Environmental Impact Study done on the Purgatory Creek area as part of the floodplain area. Lambert stated there's never been one done on the Purgatory Creek system, an EAW was done on a trail section of the creek but not this section. Enger stated there was an environmental assessment worksheet prepared on City Council Minutes 9 July 7, 1987 the entire 150 acre Timber Creek Planned Unit Development when that was first brought in in 1981 or 1982. Now the proponent has prepared an environmental assessment worksheet on this portion of the development and that's been sent to the Environmental Quality Board. The Board found that no additional work was necessary. Harris asked if at the time the original Timber Creek project was approved, whether it was understood that there would be further development of the area in question at a future point. Enger stated this area was part of the overall 160 acre Planned Unit Development that was started on the south side of the creek. This was approved by the City in 1981 or 1982. City Attorney Roger Pauly stated that neither an EAW nor an EIS has the function of constituting a permit. That it's merely an inventory of environmental effects of certain action. x fig Bentley pointed out that the original PUD in 1983 was for 130 total units which included 120 townhomes. This request would down grade that request to 68 townhome units for:a total of 108 units. k' Anderson stated that one of the reasons the hill and open area is being left today was at the request of the neighbors at that time of the development to the east. Feels that the City and the developers have done a good job. Pidcock asked with 158 caliper inches for tree replacement how many trees are we losing. Enger stated that 656 caliper inches of plant material is being removed for construction. According to the tree replacement policy a total of 289 caliper inches should be replaced. Enger said about 500 caliper inches of trees are being removed. So somewhere in the range of about 50 12 inch trees would be removed. Peterson addressed the people who stated their disappointment they experience in the lose of a natural amenity. Talked about how Eden Prairie R has grown in the last 15 years. Stated the City cannot acquire all the undeveloped property to protect our natural amenities. Harris said she understands the concerns of preserving this area in its natural state, but on the other hand the City must seek a balance. Stated the developer has satisfied her that he has tried to maintain open space, that the floodplain has been retained, and that he has given careful consideration to to �A y tt �I City Council Minutes 10 July 7, 1987 maintain the physical characteristics given the demands for the development. Peterson asked Lambert about the practicality or feasibility of bridging or crossing that creek. Lambert stated the reason for the woodchip trail is because is infeasible to put a hard surface trail across the creek. Paul. Schoiniere. 15819 North Eden Drive, wishes it could be preserved as a natural area. Thinks the developer has done a fine job explaining to the residents nearby what they are doing. Doesn't understand why the park board insists on putting a connecting link from one side to the other side and bridging the creek. Said he thinks it's against the Comprehensive Purgatory Creek Study. Joe !florin, 15820 South Eden Drive, stated that the residents are entitled to more park land. And requested the City purchase more of this land and dedicate it for park land. He referred to a Resident's Report to the City Council dated August 19, 1980, describing results of petition drive and reasons for more park land. Anderson stated the City of Eden Prairie's first bond issue that it passed for the park program was to preserve as much of the amenities of the community as it Q could. In 1974-1975 the City of Eden Prairie tried to preserve as much as what it considered the natural amenities in Eden Prairie. At that time the City believed Purgatory Creek was one of those and conducted a Purgatory Creek Study. Stated this is happening because of the Purgatory Creek Study. Anderson said very few infringements are being made on that floodplain. Anderson said that in 1979 the City Council said they were going to try to make it easier to get from one place in the City to another. He said there is definitely a need for this. He also said the developer has done an excellent job in preserving as much land as he possibly can. Joe Morin referred to the 1979 Eden Prairie Park Bond Referendum for acquisition of park land and wanted to know why the funds weren't used for acquiring park land. Lambert stated that the three parks that have funds designated by the referendum are Hidden Ponds, Creekwood and Red Rock. Bentley said that they are here to review what he sees as a betterment of the previous approval, not to discuss the merits of purchasing more park land. 4 City Council Minutes 11 July 7, 1987 Duane Hillernan talked about the 1981 guideplan for that area and that it was to remain rural. Concerned what happened to the original 1980 or 1981 Guide Plan. Bentley said Mr. Hillernan is confusing Guide Plan and PUD and rezoning. He went on to explain what a Guide Plan is and does. Also explained how the zoning works for undeveloped parcels in Eden Prairie. Bentley said one of the purposes of the PUD is to cluster densities in some cases in order to preserve natural amenities. etc. Pidcock asked the developer how much the proposed townhouses are going to cost. Mr. Schneider stated $140.000 to $150,000 range. Tom Schroeder. 6318 Creekview Lane, said he believes the developer has done a good job preserving what can be preserved. Disagreed with putting blacktop down on the trail systems. Pointed out the children will go to different school districts in the area and will not be interacting together as much_ Paul Schoiniere mentioned he concern for flooding in the area and how the trail system will be maintained with flooding. Peterson said he has confidence in the Staff to construct a crossing to withstand the flooding. k MOTION: Hams moved, seconded by Pidcock, to close the Public Hearing and Adopt Resolution No. 87-183 for Comprehensive Guide Plan Amendment. Motion carried 5-0-0. MOTION: Hams moved, seconded by Pidcock to adopt Resolution No. 87-184 for PUD Concept Amendment to the Timber Creek Woods PUD. Motion carried 5-0-0. MOTION: Harris moved, seconded by Pidcock, to approve 1 st Reading of Ordinance No. 34-87-PUD-6-87 for Rezoning. Motion carried 5-0-0. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 87-185 for Preliminary Plat approval and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations for raw material for trail crossing. Motion carried 5-0-0. C. MOUNT CURVE ADDITION, by Mount Curve Developers. Request for a Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 2.24 acres, Zoning District Change from RM-6.5 to R1-13.5 on 2.24 acres, and Preliminary Plat of 2.88 acres into 5 single family r City Council Minutes 12 July 7, 1987 residential lots. Location: Southwest corner of Franlo Road and Mount Curve Road. (Resolution #87-187, Comprehensive Guide Plan AMendment: Ordinance #35-87, Rezoning; Resolution #87-188, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Lori Johnson, representing the proponent, addressed the proposal. Ms. Johnson corrected the Resolution to four single family residential lots plus one lot for a maintenance building. n Don McGlynn. developer, was available to answer questions. Director of Planning Chris Enger stated the Planning Commission reviewed this item at the June 8th meeting and recommended on a 5 - 0 vote approval of the plan dated May 18, 1987, subject to Staff recommendations of June 15th Staff report. i Bob Hawkinson, 9515 Clubhouse Road, mentioned his concern over the driveway location for the development and the traffic backup it may cause. ,. Peterson asked Ms. Johnson about the possibility of realigning the road. Ms. Johnson said due to the trees they did not align the roads. Dietz responded that Staff would like to align roadways. But the previous submittal did take out the trees and they decided the traffic was not sufficient to warrant environmental damage by relocating the road. Bob Hawkinson, 9515 Clubhouse Road,mentioned if you drive south on Clubhouse Road and pretend to drive into this area, a person would not hit a tree. Enger said it looks like the driveway would go under the dripline of the tree. i Peterson asked if it were placed under the dripline, would it kill the tree. Enger responded that it probably would. Don McGlynn stated that with the first addition of Olympic Hills they moved Clubhouse Road 30 to 40 feet to accommodate six oak trees and that there is not one oak tree left of those six trees. MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-187 for Comprehensive Guide Plan Amendment. City Council Minutes 13 July 7, 1987 Motion carried 5-0-0. MOTION: Pidcock moved, seconded by Anderson, to approve 1 st Reading of Ordinance No. 35-87 for Rezoning. Motion carried 5-0-0. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 87-188 for Preliminary Plat approval and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0-0. D. EDENVA EXECUTIVE CENTER 11, by Equitable Life Assurance Society. { Request for Planned Unit Development Concept Amendment on approximately 100 acres, Planned Unit Development District Review on 15.5 acres with Zoning District Change from Rural to 1-2 on 15.5 acres with variances, and Preliminary Plat of 15.5 acres into one lot for construction of 172,900 square feet of industrial uses in three buildings. Location: South of Valley View Road between Equitable Drive and Executive Drive. (Resolution #87-189, PUD Concept Amendment to Edenvale 9th Addition Industrial Park PUD; Ordinance #36-87-PUD-7-87, PUD District Review and Zoning; g Resolution #87-190, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project had been notified. Paul Dunn, representing the proponent, addressed the proposal Brian Gatzlaff, representing the proponent, addressed architectural design issues. Planning Director Enger said the Planning Commission reviewed this item at the June 8th meeting and recommended approval on a 5 - 0 vote. subject to plans dated April 24th and Staff report of June 5th. $ e Bentley asked Enger if this entire area is going to develop as officetwarehouse i buildings. Enger responded the inner loop of the project always has been anticipated to be ofiicetwarehouse with outside the loop as office. Bentley said he wants the Council to hold firm on office use for the outside area since it's a highly visible site. Pidcock asked if the buildings aould be made more imaginative looking from I f I City Council Minutes 14 July 7, 1987 the outside. Anderson agreed with Ms. Pidcock. Anderson also mentioned trying to save the trees in the area. Enger said they spent a lot of time talking to the proponents about the tree issue. He said with the plan the proponents have they may be able to save the trees, but it would be in the middle of their loading dock area. The proponents proposed to replace the trees two for one. Enger addressed the issue on being more imaginative and stated the entire office/warehouse product has changed since 1981. Peterson agreed with Enger. Pidcock asked how much lighting there will be in the parking lot. Mr. Dunn responded that there will be pole lights and wall packs on all the buildings with light line coming out to the second row of parking. . x Anderson mentions his disappointment on the tree issue. Mr. Dunn stated they looked at it very carefully and addressed different procedures they tried. f There were no comments from the audience. a MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and adopt Resolution No. 87-189 for PUD Concept Amendment to the Edenvale 9th Industrial Park PUD. Motion carried 5-0-0. t MOTION: Bentleymoved, seconded b Harris, to approve 1 st Reading of Y Ordinance No. 36-87-PUD-7-87 for PUD District Review and Zoning. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Harris, to adopt Resolution No. 87-190 for Preliminary Plat approval. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Harris, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion !tarried 5-0-0. E. THOMPSON'S ADDITION, by David Thompson. Request for Preliminary Plat of 0.993 acres into 2 single family lots and road right-of-way with variances to 3 be reviewed by the Board of Appeals. Location: Southwest corner of Valley View Road at Franklin Circle. (Resolution #87-191 , Preliminary Plat) i City Manager Jullie stated notice of this Public Hearing had been published is City Council Minutes 15 July 7, 1987 and property owners within the project vicinity had been notified. Brian Oison, representing the proponent, addressed the proposal David and Hillary Thompson were available to answer questions. Director of Planning Enger said this item was reviewed by the Planning Commission on June 22, 1987. The Planning Commission recommended approval on a 6 - 0 vote, subject to plans dated June 4th and Staff report of June 19th. Also. this will be appearing at the Board of Appeals Thursday night. Peterson made reference to a combined driveway talked about in the Staff report. Enger said the Staff would recommend a turnaround on Lot 1 to eliminate any backups onto Valley 'View Road. There were no comments from the audience. MOTION: Bentley moved. seconded by Pidcock. to close the Public Hearing and adopt Resolution No. 87-191 for Preliminary Plat approval. Motion carried 5-0-0. F. EASEMENT VACATION. LOTS 1-6. BLcK 6, TIMBER CBEEK WOOD 2ND ADDITION (Resolution #87-157) City Manager Jullie stated that notice was properly published for this easement vacation. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-157 vacating Drainage and Utility Easements on Lots 1-6, Block 6. Timber Creek Woods 2nd Addition. Motion carried 5-0-0. G. EASEMENT VACATION, LOT 1 - BLOCK I- PRAIRIE KNOLL ADDITION, (Resolution #87-160) City Manager Jullie stated that notice was properly published for this easement vacation. There were no comments from the audience. I City Council Minutes 16 July 7. 1987 MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-160 vacating Drainage and Utility Easements on Lot 1 , Block 1 , Prairie Knoll Addition. Motion carried 5-0-0. V. PAYMENT OF CLAIMS �< Bentley questioned item 35801. City Manager Jullie said it is for his office chair. °e w Peterson questioned item 35706. City Manager Jullie said it's a bill for attendance for a Chamber of Commerce meeting. Harris questioned item 35547. City Manager Jullie said it's rela'Led to a construction project on Homeward Hills Road. Anderson questioned item 35792. Asked if Eden Prairie has towing equipment. City Manager Jullie said the City doesn't and explained the cost. Anderson asked if there was an agreement with Matt's Auto for towing services. City Attorney Pauly said the City does not, but, there is discussion whether the City should have one. Anderson thought the business should go to a local company. Pauly said that Matt's apparently has some equipment for larger rigs. Pauly said there's a proposal to seek a contract for towing services and have been reviewing it. Peterson asked Jullie if it's proper to call Lehman & Associates "legal services" and asked if it was consulting services. Jullie said it was engineering consulting services. Pidcock mentioned she would like to see on the Agenda in the future the way the City procures any engineering services. Said she would like a report. Anderson mentioned he would like an outline on how it's done. MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 35481 to 35932. Roll call vote: Anderson. Bentley, Harris, Pidcock, Peterson voted"aye". Motion carried 5-0-0. Anderson mentioned he would like to amend the Agenda to include the City seek bids on towing services. Bentley questioned why the Council is doing this at this time without proper j i City Council. Minutes 17 July 7, 1987 input from Staff. Anderson replied through the years they've had many complaints from residents taking business outside of the community. Bentley stated that it might be more appropriate now to simply put the issue on the Agenda for the next meeting so Council can discuss the issue. Peterson said he would vote against this and suggests to explore the feasibility and report back to Council. m MOTION: Anderson moved, seconded by Pidcock, to include on the Agenda the City seeks bids on towing services. Motion failed 2-2-1. Bentley and Peterson opposed, Harris abstained. MOTION: Bentley moved, seconded by Peterson, to place the towing service item on the next regularly scheduled Council meeting agenda. Motion fails 2-3-0. Pidcock, Peterson and Anderson opposed. VI. PETITIONS, REAL JESTS & COMMUNICATIONS A. Aggg l of the Decimon of the Boilrd of A©SWaIS--Andgrsgn's Qjrden Shg= City Manager Jullie said the Board of Appeals on June 11th denied the required variance request for this item. He informed the Council they may overrule the Board of Appeals and grant the variance request. Jullie mentioned the certain findings which are incorporated Into the minutes below. `FINDINGS OF FACT FOR REVERSAL OF BOARD OF APPEALS DENIAL OF VARIANCE REQUESTS FOR ANDERSON'S GARDEN CENTER "1. The City Council believes that the Board of Appeals did not adequately consider the merits of the individual variances, but rather, focused on land use and the City Council believes that the land use as proposed is the highest and best use of the property- "2. If the property is developed as proposed, it will operate as a good transitional land use between commercial and residential uses. a "3. Although there is a request for outside display for sale of retail materials beyond the 10% allowed by City code, the nature of the material is harmonious with the surrounding area. This will be assured by the developer executing a restrictive covenant for a p d City Council Minutes 18 July 7, 1987 the use of the property. "4. The land use, as proposed,is at a much lower floor area ratio than allowed by City Code. "5. Implementation of the developer's plan will more promptly correct maintenance problems evident on the property today. "6. If the proponent's information is correct, traffic to the property will be low. "7. Although the lot area is smaller than allowed by City Code, if taken together with the existing Little Red Grocery Store. it would meet the intent of the City Code for lot size minimum. "8. The variance request for exterior materials of the building has been dropped, and the building proposed should be in keeping with the surrounding area" City Attorney Pauly said there were a couple of comments in the previous hearing concerning the present state of the property, that it's something of a substandard state. If Council should take that into consideration in the connection of hardship, that is one of the legal criteria for granting the variance. City Attorney Pauly stated he supplied the following information which sets out the legal criteria in addition to the factual findings Mr. Jullie referred to. "LEGAL FINDINGS FOR GRANTING OF A VARIANCE FROM PROVISIONS OF THE CODE RELATING TO ZONING "1. Strict enforcement of the Code provision would cause undue hardship because of circumstances unique to the individual property under consideration. "a. The property can not be put to a reasonable use if used under conditions allowed by the zoning provisions of the Code. "b. The need for the variance is due to circumstances unique to the property not created by the land owner. "c. The variance will not alter the essential character of the f i. City Council Minutes 19 July 7, 1987 locality. "2. The granting of the variance will be in keeping with the spirit and intent of the Code.' Fred Hoisington, representing the proponent, addressed the proposal. Bentley said he would support a request to reverse the Board of Appeals and Adjustments because the Council was aware when granting the zoning approval of the variances. He also mentioned he would kke to set up a meeting with the Board of Appeals and Adjustments and discuss exactly what its role is in this process. Anderson mentioned the fact of the 7 -0 vote not to approve by the Planning Staff and the recommendation for nonapproval by the Staff and the 5- 0 denial by the Board of Appeals and Adjustment; when Council disagrees with that many people. Council should take another kook at this issue. Bentley pointed out that what comes to the Council is a recommendation, it is not an approval, it is not a denial. He stated that based upon the minutes of the Board of Appeals and Adjustment, the discussion that was held was necessarily appropriate to what the Board of Appeals and Adjustment's rote is. Eugene Grover. 16390 Westgate Drive, stated his objections over the variance request and stated they were assured it was going to be residential when the bought their house. Peterson addressed the previous Public Hearings and the vast majority of neighbors who were in support of the project. Stewart Horn, representing the proponents, addressed the architectural issues of the building. Pidcock assured Mr. Grover that properties like this are monitored so things that aren't permitted within Its use are happening. Anderson asked Ms. Pidcock what happens to property values with single family next to commercial. Pidcock replied in this case she would see it as very favorable since you have single family down the street almost to the bank. She does not see a problem with that. i City Council Minutes 20 July 7, 1987 Pidcock said she would see this as a good buffer zone between the residential and commercial. Anderson asked if it can be a low key buffer with that amount of outdoor space. Peterson replied it's not going to be stacks of lumber or mounds of sand but plantings. Harris said the other side is the number of neighbors who came forward in support of the proposal. Said she was impressed with the drawings of the plans and felt it would be a tasteful buffer to that particular community. Pidcock added that once the restrictions are in place that another owner could not come in and use the property for a different type of store. MOTION: Bentley moved, seconded by Harris, to overrule the Board of Appeals decision and that we grant Variance Request No. 87-20 and adopt i the Findings of Fact and the legal findings in support of the motion. Motion carried 4-1-0 with Anderson opposing. Anderson states it becomes very serious for the City when City Council does not take into consideration the other boards and staff. It's important the City have credibility with the community. Anderson mentioned that anybody would be threatened when they buy zoned single family property and the property is rezoned to something else. VII. A. ANDERSQN'S raARDEN SHOPPE_ by Don C. and Rita L. Anderson. 2nd Reading of Ordinance#29-87, Zoning District Change from Ri-22 to C-Corn on 1.27 acres and from R1-22 to R1-13.5 on 1.86 acres; Approval of Developer's Agreement for Anderson's Garden Shoppe; and Adoption of Resolution #87-192, Authorizing Summary of Ordinance #29-87, and Ordering Publication of Said Summary. 3.1 acres into one commercial lot, five single family lots and road right-of-way. Location: Southeast comer of County Road #4 and Valley View Road,west of Westgate Lane. (Ordinance #29-87, Rezoning; Resolution #87-192, Authorizing Summary and Publication) MOTION: Pidcock moved, seconded by Bentley, to approve 2nd Reading of Ordinance No. 29-87 for Rezoning. Motion carried 4-1-0 with Anderson opposing. MOTION: Pidcock moved, seconded by Bentley, to approve the Development Agreement for Anderson's Garden Shoppe. Motion carried 4-1-0 with Anderson opposing. r I City Council Minutes 21 July 7, 1987 MOTION: Pkkx?ck moved, seconded by Bentley,to adopt Resolution No. 87-192 authorizing Summary of Ordinance No. 29-87 and ordering the Publication of Said Summary. Motion carried 4-1-0 with Anderson opposing. Vlll. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request to change terms on Commission MOTION: Bentley moved, seconded by Harris, to approve the recommendation of the Historical and Cultural Commission changing terms from two years to three years. Motion carried 5-0-0. w IX. APPOINTMENTS There were none. it Pr X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members 1. Publicly command Mr. Lambert and his staff for the firerworks display on July 4th MOTION: Pidcock moved, seconded by Harris, to publicly commend Mr. Lambert and his Staff for the fine 4th of July display and organization of 4th of July events. Motion carried 5-0-0. B. Report of Cily Manaaer 1. PropgU,situatiQn Qakrida Drive and Co. Rd. 4 City Manager Jullie said Staff is going to send out the land akeration permit. They had given Mr. Evans the form and explained its use. They have not yet heard back from Mr. Evans, so they will send It out completed by the Engineering Staff with a deadline of August 1 st. If Mr. Evans does not perform, they are prepared to start legal action. C. Rgport of City Attorney City Attorney Pauly referred to the Supreme Court Ruling mentioned in the June 16th City Council Minutes. He stated there's been another decision on City Council Minutes 22 July 7, 1987 n h 'n ofCalifornia. He referred to the land use regulation b June 26t arising C 9 y the California Costal Commission and the decision by the Supreme Court. p. 0. Report of Director of Planning There was none. E. Repgrj of Di=or of Community Sgrvices i F 3 6. 1. Trail Requests MOTION: Anderson moved, seconded by Bentley, to approve trait requests as listed in memo from Lambert dated 6-30-87. Motion carried 5-0-0. 2. Proposed Park Use Ordinance Revisions Anderson said he would like to have a report back to see how floating devices are working in the depth of water they'll be in since most trained lifeguards are opposed to these. Anderson said he would like to see a stronger hand out at Riley Lake, if at all possible. He mentioned the different type of crowds that go to Riley Lake than Round Lake. He also mentioned he agrees with banning glass out at Riley Lake. Pidcock mentioned the rental of parks for use by citizens and how they would have to have insurance to do this. Lambert mentioned this is not uncommon, that Bloomington does this also. The reason for doing this was so citizens would be responsible for the behavior of the people in their group. Lambert also mentioned the parks are booked solid into the fall. MOTION: Bentley moved, seconded by Harris, to approve the proposed park use ordinance revisions. Motion carried 5-0-0. F. Report of DiLQj=gr of PUblir, Works i I. award contract for NgmacKnoll Improvements. I. Q; 52 121,a LSinYbISiQIiRoad lml2rpve=nts w st of Homeward Jjitlj„Rgad: I.C. 109 (Resolution NO. 87-194) s City Council Minutes 23 July 7. 1987 Director of Public Works Dietz said Staff only received two bids on this project and stated the lower bid was not responsive and recommended to reject the lower bid and award the contract to Brown and Cris Incorporated for $134, 519.35, which is below engineering's estimate. MOTION: Harris moved, seconded by Anderson, to award the contract to Brown and Cris for the Sunnybrook Road and Nemec Knolls, Resolution No. 87-194. Motion carried 5-0-0. XI. NEW BUSINESS Hams mentioned she would like a brief report at a future Council meeting from the City Engineer, first, on the progress of wells currently under construction and what that's going to mean to the City. Secondly, the impact of any current and known future development on the recharge aquifer for Eden Prairie as it relates to pollution of the surface water collecting areas. XII. DA. JOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the City Council (l meeting at 11:50 p.m. Motion carved 5-0-0. t