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City Council - 10/20/1987 i APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 20, 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE DRIVE COUNCIL 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, Director of Planning Chris Enger , Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson s PLEDGE OF ALLEGIANCE ROLL CALL: All members were present . PRESENTATION OF AWARD OF MERIT FROM MINNESOTA SOCIETY OF ARBORICULTURE Stu Fox introduced Ray Boltman, past president of the Minnesota Society of Arboriculture, who presented an Award of Merit to the City of Eden Prairie for a singular major contribution. in the fields of arboriculture or forestry. He said the award was in recognition of the land alteration ordinance adopted by the City in 1982 and a tree replacement policy adopted in 1986 . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III . M. FOUNTAIN PLACE, by CSM Coloration; X. B. 1 . Power Line Along Highway X. B. City Manager Performance Review Process. X MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. j II . MINUTES i A. Minutes of City Council meeting held Tuesday, September 8, 1987 MOTION: Pidcock moved, seconded by Bentley, to approve the Minutes of the City Council meeting held Tuesday, September 8, 1987, as published . Motion carried unanimously. w City Council Minutes 2 October 20, 1987 B. Minutes of City Council meeting held Tuesday, September 15, 1987 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council meeting held Tuesday, September 15, 1987, as published . Motion carried unanimously. III . CONSENT CALENDAR A. Clerk ' s License List B. Award bid for Community Center Repair C. 2nd Reading of Ordinance No. 52-87 regulating the sale of strong beer D. Request from Ray Stodola to sell land adjacent to Eden Valley Park E. Resolution No. 87-286 approving State Bonded Fund Grant for Acquisition and Development of Riley Lake Park Expansion F. Final Plat a roval for Cardinal Hills (east of Baker Road, west of Hig way No. Resolution No. 87-289 G. Final Plat approval for Shady Oak Crosstown Addition (Amoco Station south of the Crosstown, east of Shady Oak Road) Resolution No. 87-290 H. Change Order No. 1, Watermain Extension from Baker Road to Rowland Road, I .C. I . Resolution approving the establishment of a Water Maintenance f and Repair Fund by the Ri a -Pur ator -Blu Cre-e-R Watershed District (Resolution No. 87-287 ) J . Resolution requesting artici ation in maintenance and repairs i in the Rile -PurjatorX-BluffCreek aters a Distr ct Reso ution No. 87-288) K. Grading Permit for Olympic Hills Golf Course L. improve Grading permit for portion of Lot 12, Eden Prairie Acres M. FOUNTAIN PLACE, by CSM Corpooration . 2nd Reading of Ordinance , Rezoning and PlaK—ned Unit Development District Review from Rural to PUD-9-87-RM-2 . 5; Approval of Developer' s Agreement for Fountain Place; and Adoption of Resolution #87-281, Authorizing Summary of Ordinance #40-87-PUD-9-87, and Ordering Publication of Said Summary. 52 acres into 4 lets. 1 outlot, and road right-of-way for a 490-unit apartment project. Location: West of Highway #169, north of Columbine Road . (Ordinance #40- 87-PUD-9-87, Rezoning and PUD District; Resolution 087-291, Authorizing Summary and Publication ) City Council Minutes 3 October 20, 1987 AF MOTION: Bentley moved, seconded by Harris , to approve Items A - M on the Consent Calendar . Motion carried unanimously. IV. PUBLIC HEARINGS A. RAVEN RIDGE II by The Cambridge Grow, Request for Zoning District Amendment within the RM-6 . 5 District on 3 . 04 acres, and Preliminary Plat of 3 .04 acres into 18 lots and 2 outlots for construction of 18 townhouse units. Location: East of Edenvale Boulevard, South of Raven Court. (Ordinance No. 50-87, ,Rezoniny ; Resolution No. 87-282, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Chuck Benson, representing The Cambridge Group, addressed the proposal . Planning Director Enger said this project was reviewed by the u Planning Commission at the September 28th meeting and was recommended for approval on a 5-0 vote, subject to the plans dated September 22nd and the recommendations of the Staff x, Report of September 25th. He said the major items of concern a were building orientation and spacing between buildings; r however, these concerns had been resolved with the elimination of two of the proposed units. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this last evening and voted approval, per the Planning Commission and Staff recom- mendations. 9 There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public f Hearing and to give 1st Reading of Ordinance No. 50-87, amending Ordinance No. 25-78, for terms of rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to approve Resolution No. 87-282 approving the Preliminary Plat of Raven Ridge II for The Cambridge Group. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations . Motion carried unanimously. B. AMERICAN FAMILY INSURANCE, by Opus Corporation. Request for Planned nit Development Concept Amendment on 4. 36 acres, Planned Unit Development District Rview on 14. 36 acres with variances; Zoning District Change from Rural to Office on 5 . 34 City Council Minutes 4 October 20, 1987 l acres, Preliminary Plat of 14. 36 acres into 1 lot for con- struction of a 5-story office building . Location: North of CSAH *62, south of Yellow Circle Drive . (Resolution No. 87-284, PUD Concept Amendment to American Family Insurance PUD; Ordinance No. 51-87-PUD-13-87, Rezoning and PUD; Resolution No. 87-285, Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Bob Worthington, Mike Ryan, David Krueger and Duane DeBower, representing Opus Corporation and American Family Insurance, addressed the proposal . Planning Director Enger said the Planning Commission recommended approval of this project at the September 28th meeting on a 5-0 vote subject to the recommendations of the Staff Report of September 25th. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this project last night b and recommended approval per the recommendations of the Planning Commission and Staff, with the additional recommendation that the pedestrian trail be extended to this portion of the site. v Peterson asked Enger if this project was one that initiated the question about standards for parking ramps. Enger said that was correct and noted that the Planning Commission had previously discussed standards for reinspection of parking decks several months ago. There were no comments from the audience . "i MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 87-284, approving the American Family Insurance PUD Concept Amendment to the overall American Family Insurance Planned Unit Development. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to give lot Reading of Ordinance No. 51-87-PUD-13-87 for Rezoning, with variances for building height and setback subject to approval by the Board of Appeals and Adjustment. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 87-285, approving the Preliminary Plat of American Family Insurance for Opus Corporation. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations . Motion carried unanimously. City Council Minutes 5 October 20, 1987 Bob Worthington requested permission to begin early grading of the project. MOTION: Pidcock moved, seconded by Harris, to grant an early grading permit subject to the condition that if 2nd Reading does not occur, proponent agrees to restore the premises to the conditions that existed prior to the grading activity . Anderson said he wanted to be sure that the City would not incur any extra expense if early grading is permitted and then the project falls through. Jullie said he didn' t envision any additional costs for this project. VOTE ON THE MOTION: Motion carried unanimously. C. VACATION 87-09, VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOTS 35, 38, AND 39, BLOCK 1, WYND 7,%1 KNOLLS (Resolution No. 87-291 ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity , had been notified . He said this is basically a housekeeping item. a There were no comments from the audience. i MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 87-291 for Vacation of Drainage and Utility Easements . Motion carried unanimously. s s V. PAYMENT OF CLAIMS NOS. 37951 - 38267 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 37951 - 38267. Roll call vote: Anderson, Bentley, i Harris, Pidcock and Peterson voted "aye. " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS i y A. 1st Reading of Ordinance No. 53-8 7, Requiring Filing of Financial Statements by Cand1dates and Committees Referring to the memo of August 31, 1987 from City Attorney Pauly with attached draft ordinance, Peterson said we might want to consider a smaller threshhold for the second suggestion. A discussion followed regarding the threshhold amount for reporting names of contributors. Bentley said we might use the wording "cumulative" in order to avoid the possibility of multiple small contributions. City Attorney Pauly asked if it was intended to cover the entire election period . Bentley said it should . City Council Minutes 6 October 20, 1987 Ak Bentley asked what the meaning of "verified financial statement" was. Pauly said it would be one that was sworn to before a notary. Bentley suggested that explanation be put into the ordinance as a definition . Pauly said he thought it was covered in Subd . 2. B. Bentley noted he understood it would still be required of the candidate to file a sworn statement even though the candidate ' s campaign committee would handle the receipts and disbursements . Pidcock asked how the question of cash would be addressed. Pauly said there should be a receipt for cash from the committee and the cash should be turned over to the committee . Bentley said it would be deposited in a checking account and could be accounted for that way. Peterson asked if the State law is clear about the expenditure of money for such expenses as having a coffee party for the candidate . Pauly said it would have to be recorded in the aggregate but not individually attributed. MOTION: Bentley moved, seconded by Anderson, to give Ist Reading of Ordinance No. 53-87, requiring filing of financial statements by candidates and committees, as amended to set the threshhold amount at $250. 00. Motion carried unanimously. a z Pidcock suggested that this ordinance be reviewed every four years in order to update the amounts if necessary. VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request aplaeal by Mr . & Mrs. John McSwiggan from decision made by Board of Appeals & Adjustments on Variance Request #87-37 City Manager Jullie noted the request from Mr . & Mrs. McSwiggan to review the decision made by the Board of Appeals & Adjustments on their request for a variance to construct a deck onto their house at the corner of Divinity Lane and Caramel Trail . He said the deck would encroach 10 feet into the 30-foot set- back ; therefore the Board denied the McSwiggan's request on August 13, 1987 . He said the Council may affirm the Board ' s action or may reverse the decision and grant the variance. John McSwiggan reviewed the history of the denial of his request for variance. He said he felt the variance was denied because there was an alternate deck location available; however, he said there was no real consideration given to the alternate location. He said he had made a determined effort to make sure that all his neighbors approved his deck plans and their letters should be ' in the public record . He said he thought the primary rule is whether it is in the public interest for the neighborhood. r City Council Minutes 7 October 20, 1987 Mr . McSwiggan said his deck poses no safety hazard and said he felt the Board was very whimsical in its decision.. Peterson said he appreciated Mr . McSwiggan' s frustration and concern; however , the Board and the Council both must follow the standards and rules that relate to all of the neighborhoods in Eden Prairie. Mr . McSwiggan said he is only asking for eight feet out of 30 feet and he felt he should have reasonable use of his land. Pidcock asked if he was on a corner lot . McSwiggan said he is, and his total setback is 40 feet including the easement. Bentley said the proposal for an alternate deck location should be taken only for the merit it has. He said neither the Council nor the Board of Appeals has any obligation or any duty to make an accommodation to allow someone to build a deck. He said he couldn ' t determine that there was any hardship in this case . Bentley asked Planning Director Enger what the history has been in enforcing the dual front yard setback on corner lots. Enger said that the front yard setback has been enforced in the vast majority of such cases . He said the Board of Appeals is trying to establish a policy that there should be a hardship as in other variance requests before they would see fit to grant a variance request for front yard setback . He said the ordinance speaks to platting corner lots 15 feet wider because of two front yard setbacks. Mr . McSwiggan said he thought you would never find a hardship case for deck construction; however, one of the objectives is to use the land for what it was meant. Pidcock asked who would be impacted by this construction. McSwiggan pointed out the area that would have a view of the deck _ Bentley said the broader perspective of public interest is what is in the interest of the community as a whole. McSwiggan said he doesn' t agree with the 30-foot setback nor do any of those he has talked to about the subject. y Bentley said he saw no basis for determining that the Board of $ Appeals acted improperly. He said they made a decision to uphold t an ordinance that is in place and that is what they should do. Peterson said he was not sure we should make a decision based on one deck as that decision has to follow the next person to come in for a variance. MOTION; Anderson moved, seconded by Bentley, to uphold the decision of the Board of Appeals & Adjustments in denying the request for variance. City Council Minutes 8 October 20. 1987 Bentley asked if Mr . McSwiggan would be able to come back and make another request if sometime in the future we decide we would like to change our policy on setback . City Attorney Pauly said if that future consideration resulted in reducing the setback sufficiently, then he would not have to request a variance and could go ahead and build the deck . Peterson said he would vote for the motion with the expectation that we would at least look at the rationale for continuing the 30-foot setbacks on corner lots. Bentley called the question. VOTE ON THE MOTION: Motion carried unanimously. B. I-494 Traffic Study Presentation by BRW, Inc. Connie Kozlak of the Metropolitan Council and Dick Wolsfeld of BRW reviewed the recently completed I-494 traffic study. The f primary cities involved were Eden Prairie, Bloomington, Edina, Richfield and Minnetonka. Mr . Wolsfeld said one of the major x projects resulting from the study involves traffic management to minimize the number of vehicles during peak periods. He said the 41 current system does not come close to accommodating the projected traffic load . Mr . Wolsfeld reviewed the other strategies devised to alleviate the traffic on I-494. He noted that the cost to add the proposed lanes to I-494 is estimated at $5O0 million. He reviewed the three phase program proposed to implement the recommendations. Harris said she thought this was a very exciting report and she commended them on their proactive approach to prepare the program for the time when funding becomes available. Bentley added that he thought everyone involved in this project should be applauded for their efforts to date. MOTION: Bentley moved, seconded by Pidcock, to accept the final report on the I-494 traffic study. Motion carried unanimously. C. WINDSONG I I , by The Koosman & Rice Come2ny. Request for Pre iminary Plat ot 1 .43 acres into 4 lots. Location: North- east of Anderson Lakes Parkway at Chestnut Drive (Resolution No. 87-283, Preliminary Plat) Planning Director Enger said this is primarily a housekeeping item for replatting to allow thee► to move a building on their existing site . He said the Planning Commission recommended approval of this revision. t M City Council Minutes 9 October 20, 1987 MOTION : Anderson moved, seconded by Harris, to adopt Resolution No. 87-283 approving the Preliminary Plat of Windsong II for the Koosman & Rice Company. Motion carried unanimously. VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS There were none . X. REPORTS OF OFFICERS, BOARDS 6 COMMISSIONS A. Reports of Council Members 1 . Pro22sal for a Comprehensive Waste Management Program g Peterson called attention to his memo of October 15th regarding a call for a comprehensive waste management program. City Manager Jullie said he had invited Mr. Reuter to be present at the meeting tonight as there had been some very preliminary thoughts with respect to a composte facility. Peterson said he would like to ask Staff to respond on this and provide some recommendations at the next meeting. He said we must have a waste management program which we don ' t have right now. Anderson said this was an area that he would prefer to discuss at a special meeting as he didn ' t want to take the time at a regular meeting . MOTION: Bentley moved, seconded by Anderson, to set a Special Meeting of the City Council for 6:00 PM on Tuesday ? November 3, 1987, to 'discuss those two issues plus the composting facility, and to direct Staff to proceed with evaluation on Items One and Two in Peterson' s memo and report back at the Special Meeting . Harris said it would be helpful for her if there were some background material included regarding the compost facility. Doug Reuter distributed a paper issued by the staff of the Metropolitan Council in May of 1987 on the subject of landfill capacities. He said it would be helpful if the 4 Councilmembers were to look at this prior to the Special Meeting . He also noted that Reuter Corporation is not 7e City Council Minutes 10 October 20, 1987 hung up on doing a compost plant in Eden Prairie; however , they can offer some expertise in the area . He said it would be necesaary to propose alternatives that will accomplish the same capacity levels as those outlined by BFI for the landfill expansion. VOTE ON THE MOTION: Motion carried unanimously. B. Report of City Manager I . Power Line Along Highway 5 City Manager Jullie said NSP is having to relocate some of the overhanging wires along the Highway 5 construction . Because they need some easement rights for the new high line out to the western edge of the City, we have suggested that we would trade easement rights for undergrounding of the wiring between Mitchell Road and Prairie Center Drive . After discussing it, he said. NSF suggested that they would do that for $50, 000 to help offset the costs. Jullie said NSP had also suggested a program whereby any hookups to the new underground line within the next five r years would be an offset to the $50, 000 charge. He said Staff hasn' t researched this yet, but NSP is quite anxious to get a decision. Bentley asked where we would get the $50, 000 from. Jullie responded it could come from the General Fund. Pidcock asked how many new users would be coming in on the new line. Jullie said there should be a number on the south side of the road near the MTS and Carpenter property since it would be a better power supply as a primary feed line . However, there would be no guarantee we would get any money back. Anderson asked when the payments would be due . Jullie said we would probably have to put the money up right away. MOTION: Anderson moved, seconded by Harris, to accept Mr . Jullie ' s recommendation regarding the underground wires . Motion carried unanimously. 2. City Manager Performance Review Process City Manager Jullie referred to his outline and memo regard- ing the steps pursued to develop the performance review. He outlined the procedure to be used in developing the !► performance review. City Council Minutes 11 October 20, 1987 MOTION: Bentley moved, seconded by Anderson, to approve the recommendations of the City Manager for the performance review process . 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 1 . Edenvale Trail (EAW) Director of Community Services Lambert reviewed the history of this project. Anderson asked if a timeline has been drawn up for this project. Lambert said there are some suggestions but no recommendations . He said the Parks Commission concurred that there would be no reason to put asphalt on the trail unless the residents requested it . Anderson said he had a concern about this as well as other ' trails that, once the vegetation wears off, they become muddy and unusable. Lambert said they don' t anticipate the kind of traffic that will wear down the grass . He said they are planning to put 8-inch culverts and fill in at the three areas that are underwater and would cover those areas with woodchips to keep the trail high and dry. Charles Dayton, an attorney representing some of the residents in the area, said the residents are concerned about the effects of this proposed trail corridor . He said it is their legal position that this segment of the trail is only a small portion of a much larger project and that, because it } is related, the entire project must be studied before pieces of it are built. He distributed a memorandum prepared by one of the residents containing information supporting their position that the project is part of an overall trail project for Eden Prair;_e. Peterson said neither the. Councilmembers nor the City Attorney had this information available before the meeting and he would like the opportunity to review this before further action is taken on this project.. Mr. Dayton said he would like time to review a piece of the EAW that he considers to be very important. City Council Minutes 12 October 20, 1987 MOTION: Pidcock moved, seconded by Harris, to continue this item to the next City Council meeting. Motion carried unanimously. Peterson noted that any further printed material should be made available for the Council to read prior to the next Council meeting. Bentley also noted that he would like to get a written presentation from the City Attorney on our previous discussions about this project . Y 2. Request authorization to hire Appraiser for Riley Lake acquisition t Director of Community Services Lambert referred to his memo of October 9th requesting authorisation to hire an appraiser for the Riley Lake Park acquisition. He said there is a list of approved appraisers for the state, and we will prob- ably select three to submit bids. MOTION: Pidcock moved, seconded by Anderson, to authorize the request to hire an appraiser for the Riley Lake Park acquisition. Motion carried unanimously. F. Report of Director of Public Works There was no report. i XI . NEW BUSINESS There was none . XII . ADJOURNMENT MOTION: Bentley moved, seconded by Pidcock to adjourn at 10:10 PM. Motion carried unanimously. 4