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City Council - 11/17/1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 17 , 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 Sue Anderson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III . L. SET DATE FOR SALE OF $5, 000, 000 GENERAL OBLIGATION WATER AND SEWER FOR DECEMBER 15, 1987 , (RESOLUTION 87-313 ; ) X. B. 2 . REQUEST FOR REPRESENTATIVE TO ADVISORY COMMITTEE FOR HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT; X . A. 2. SCREENING OF WATER TREATMENT PLANT. MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II . MINUTES A. Special City Council Planning Commission meeting held Tuesday, October 20, 1987 . — '-- MOTION: Pidcock moved, seconded by Harris, to approve the Minutes of the Special City Council/Planning Commission meeting held Tuesday, October 20, 1987 , .as published. Motion carried unanimously. B. Regular City Council meeting held Tuesday, October 20, 1987 . The following change was made to Page 1, Paragraph 1, Sentence 3 , to read: "Prairie for a singular major contribution in the fields of arboriculture. " MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, October 20, f 1987 , as published and amended. Motion carried unanimously. City Council Minutes 2 November 17 , 1987 Ar III . CONSENT CALENDAR A. Resolution Authorizing_Sale of Property to State of Minnesota for State Highway No. 5 Right-of-WaY (Resolution No. 87-310) B. 2nd Reading of Ordinance No. 55-87 , amending Chapter 2 of the City Code relating to the posting of a schedule of the regular meetings of the Council and special and emergency meetings. C. Final Plat Approval for Shady Oak Ridge (located west of Old Shady Oak Road and north of Rowland Road) Resolution No. 87-303 . D. Final Plat approval for Berne Addition ( located on Franklin Circle north of Valley View Road. ) Resolution No. 87-304 . E. Approval of License Agreement with Chicago and Northwestern Transportation Company or construction and maintenance of a 24 inch watermain crossing railroad property on Valley View Road. F. Receive petition for street and utility improvements for Franlo Road south of Prairie Center Drive and authorize preparation of a feasibility study, I . C. 52-131. (Resolution No. 87-305) G. Authorize Mayor and City Manager to executive easements for the Metropolitan Waste Control Commission for the installation of the proposed Red Rock Interceptor through City-owned Properties. H. Approval of Community Center Operational Modifications. Pidcock expressed concern over unauthorized,/untrained personnel operating the video equipment to monitor activities in the Fitness Center. Also can the personnel in the Community Center respond to an emergency. Lambert responded the fitness room has operated for five years without problems. He assured Council that individual must sign in and follow through with training before they have access on their own in the fitness room. Lambert expressed the savings of $15, 000 per year eliminating the need to hire a supervisor, which limited the use of the room to his working hours. Bentley, questioning the recommendation to extend the fitness program to City Firemen, inquired as to the break-even operational costs, which is the first goal the City should be achieving. He stated he did not vote for this benefit to be given to Staff, nor will he vote in favor of this being offered to the Firemen. Harris felt the Firemen ' s occupation warrants the opportunity to continue physical fitness. She felt the City could show its ff appreciation to the Firemen by extending this benefit to them. # Pidcock shared the feelings of Harris ' statement. City Council Minutes 3 November 17 , 1987 Anderson stated the Fireman and Policeman are required to pass physical fitness tests each year. Both of these groups are in the highest heart attack and stress group, and he felt the services of the fitness center should be extended in their benefit package. Bentley stated the facility is being paid for by the public, and should not be looked upon as a recreational facility for an elite few. Mayor responded discussion was beyond the scope of this agenda item and if so desired will be continued at a later date. I. RAVEN RIDGE II by the Cambridge Group. 2nd reading of Ordinance No. 50-87, Zoning District Amendment within the RM-6 . 5 District for Raven Ridge; Approval of Developer' s Agreement for Raven Ridge II ; and Adoption of Resolution No. 87-306, Authorizing Summary of ordinance No. 50-87 , and Ordering Publication of Said Summary. 3 . 04 acres into 16 lots and 2 outlots for construction of 16 townhouse units. (Ordinance No. 50-87 - Zoning District Amendment; Resolution No. 87-306 - Authorizing Summary and Publication) . J. Resolution No. 87-311 extension of Bond Authorization for the Prairie Village Apartments for 1 year to December 2 , 1988 . K. Approve Change Order No. 1 for Community Center. L. Set Date for Sale of $5 , 000, 000 General Obligation Water and Sewer for December 15, 1987. (Resolution 87-313) . MOTION: Harris moved, seconded by Anderson, to approve Items A - L on the Consent Calendar. Vote was 5-0 with the exception of Bentley opposing recommendation #4 (Page 2914) of Item H. IV. PUBLIC HEARINGS i A. BLUESTEM HILLS 4TH ADDITION by Brown Land Company. Request for Planned Unit Development Concept Review on 15 . 94 acres, Planned Unit Development District Review on 15 . 94 acres with variances, Zoning District Change from Rural to R1-13 . 5 on 10. 57 acres with Shoreland variance to be reviewed by the Board of Appeals, Zoning District Amendment within the Rl- 13 . 5 District on 5. 36 acres, and Preliminary Plat of 15 .94 acres into 27 a single family lots, 3 outlots, an road right-of-way. Location: West of Bennett Place and Bluestem Lane. (Resolution No. 87-250 - PUD Concept; Ordinance No. 45-87-PUD-11-87 - PUD Concept; Ordinance No. 45-87-PUD-11-87 - PUD District and Zoning District Change; Resolution No. 87-251 - Preliminary Plat) . Continued from September 1 and September 15, 1987 . City Manger Jullie noted the proponent has requested to withdraw proposal . MOTION: Bentley moved, seconded by Pidcock, to close the public hearing and acknowledge proponents ' withdrawal . Motion carried unanimously. City Council Minutes 4 November 17 , 1987 B. STARRWOOD, by Cardarelle & Associates. Request for Zoning District Change from rural to R1-13 . 5 on 22 . 4 acres, IL Preliminary Platting of 29 . 19 acres into 42 single family lots, 2 outlots, and road right-of-way. Location: North of Research Road, east of Mitchell Road, southeast of McCoy Lake. (Ordinance No. 56-87 Rezoning to R1-13 , 5 ; Resolution No. 87-307 - Preliminary Plat) . Frank Cardarelle, proponent, presented proposal . Planning Director Enger said this project was reviewed by the Planning Commission at the October 26th meeting and was recommended for approval on a 5-0 vote, subject to the plans dated October 18 , 1987 , and the recommendations of the Staff Report of October 23rd. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this on October 22nd and a major item of concern was the steep grade of trail and turning radiuses within the narrow portion of Outlot B, north of Lot 10 . If the trail cannot be constructed to City specifics-tions within that outlot, Staff recommends one of three alter-natives: 1) widen the outlot, which may require a reconfiguration of several lots; 2) eliminate Lot 10 ; or 3 ) eliminate the trail . Pidcock asked if posting signs stating no bike riders or skate- boards, would eliminate City liability. Staff answered in the negative. } Cardarelle suggested a wood chip trail making biking improbable, but placing asphalt between homes . Anderson asked if we could maintain the chip trail in winter; which staff answered no, but neither do they maintain asphalt trails in winter. Bentley questioned proponent regarding the upgrade of Mitchell and Research Road. Proponent replied that he and property owners have petitioned for the upgrading of both Research Road and Mitchell Road, whereby a special assessment agreement will be required for the upgrading of these roadways. Depending upon the outcome of the feasibility report, Research Road should be upgraded concurrent with the development of this project. Director of Public Works Dietz added that a feasibility study for Mitchell Road, which had been suspended several years earlier contemplated three phases: 1) Research Road; 2) Mitchell north of Research; and 3) Mitchell Road south of Research Road. If one phase did not go through, the other segments could still be upgraded. Bentley asked Staff what was the City cost for this project. Dietz stated they had not begun to compute this; however cost to accomplish Mitchell Road to Anderson Lakes Parkway was $150 per foot. City Council Minutes 5 November 17 , 1987 Bentley expressed the concern that the City was forcing itself into a road upgrade before it is financially ready. Staff stated upgrading was essential, and a semi-permanent overlay from Mitchell to Research was another option if costs are prohibitive. Bentley reiterated the concern of financial liability in approving this forcing of the City to upgrade these roads when it cannot afford the cost. Pidcock stated road improvements in some form are needed regard-less by fall of 1988 . Cardarelle did not feel cost for road upgrade would be a problem in view of the petitions by residents, his portion of the road improvements, and the Jenkins Addition and its portion of the cost. This was not insurmountable to proponent. He also stated if sanitary sewer project fell through, they are only 1300 feet from a trunk to connect with and he is prepared to absorb that additional cost if, in fact, that does occur. Lambert stated after much consideration of suggestions and discussion, Staff would recommend a concrete sidewalk with occasional steps for the pedestrian connection trail from Sycamore Court, south to the bike trail within Staring Lake Park. Pidcock asked Enger to create language in the development agreement to read that sewer connection be in place according to Staff and Commission's Red Rock Interceptor Summation Plans, which would include hard surface roads and will be in place prior to building occupancy permits. Enger stated if Red Rock does not go through, Proponent would have to go to the east for connection at 100% cost to Cardarelle. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris to close the public hearing. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris to approve lst reading of ordinance No. 56-87 for Rezoning. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris to approve Resolution No. 87-307 approving the Preliminary Plat. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris to direct Staff to prepare a Development Agreement incorporating Commission and Staff Recommendations and Council conditions, pathway be hard surface trail . Motion carried unanimously. After motions passed, Cardarelle asked for a point of clarification on risk if for some reason City did not approve City Council Minutes 6 November 17 , 1987 upgrade of Research Road, would occupancy permits still be issued. Enge r replied that occupancy permits would be issued only if a hard surface road and sewer are in place the length of Mitchell and Research per Staff and Commission recommendations and approval. He further stated that the determination of the road conditions is based on each individual project, and it is a policy for a new subdivision that roads be completed prior to occupancy permit issuance. Peterson inquired why the insistence on blacktop hard surface road on new developments? Why not gravel? What is the liability? Bentley stated that in the far western part of the City, a section of road was temporary gravel in a significant housing development which was not a concentrated, high use area. If the City allows developments to continue to be constructed without the hard surface roads, it is not doing the homeowners or the City justice. Pidcock inquired why this was an issue on a stretch of road that is already a high traffic area ready for development, and the roads shall be upgraded to handle it. Bentley replied the issue is $1. 5 million that the City does not presently possess. Peterson agreed that he does not want to approve a project that would force the City into an action they cannot meet and in turn being liable to homeowners in this project. Pidcock proposed a motion be placed to read that gravel be allowed until there is a black top road in place for issuance of occupancy permits. Steve Ryan, proponent representative, inquired why there was concern when a major quantity of people have petitioned and approved their assessment to have the road upgraded, MOTION: Harris moved, seconded by Pidcock to create language clarification in the development agreement dealing with blacktop surface that it not be required before occupancy permit be issued, but that road construction project leading to road improvement be in place, and approved by City Engineer, and City Council . Motion carried unanimously. Bentley requested the record show that existing road does not meet those qualifications for occupancy permit issuance. C. BLUFFS EAST 5TH ADDITION by Hustad Development Corporation. Request for Zoning D strict Change from Rural to R1-13 . 5 on 17. 68 acres, and Preliminary Plat of 30. 1 acres into 34 single family lots, and road right-of-way. Location: Southeast of Meade Lane extension, west of Franlo Road, northwest of Antlers Ridge extension (Ordinance No. 57-87 - Rezoning to R1-13 . 5 ; Resolution No. 87-308 - Preliminary Plat) City Council Minutes 7 November 17 , 1987 Notice of this Public Hearing was sent to owners of 148 surrounding properties and published in the November 4 , 1987 It issue of the Eden Prairie news. On November 13 , Staff was informed and subsequently received a letter from the proponent stating its wish to withdraw the proposal from consideration. MOTION: Pidcock moved, Bentley seconded to close the Public Hearing and acknowledge the proponents ' withdrawal of the project. Motion carried unanimously. D. Proposed Amendment to City Code Chapter 11 Section 11 . 03 , Subdivision 3, regarding screening and landscaping (ordinance No. 58-87) City Manager Jullie stated notice of the Public Hearing for this zoning-related issue was published in the Eden Prairie News on November 4, 1987 . The proposed changes in language to Section 11. 03 , Subdivision 3 of the Ordinance Code relating to screening and landscaping, would clarify several issues which have recently arisen regarding what is considered acceptable for achieving screening of building elements. MOTION: Anderson moved, seconded by Pidcock to close the Public Hearings. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley to approve 1st Reading of Ordinance No. 58-87 amending Section 11.03 , Subdivision 3 of the City Code. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims 37988 - 38860 . Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye . " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS NONE VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Ryan Construction Company on behalf of Jerry' s Super Valu (continued from November 3, 1987) This item has been continued from the November 3 , 1987 Council meeting. Staff has prepared a proposed supplement to the Development Agreement which would allow the City to use its sole discretion for continuation of a 24-hour operation after a one-year period. Staff had not received a full response from Ryan Construction Company about this proposal . As Council also requested, the Public Safety Department assembled data on the number of service calls at the three community commercial centers and a number of service calls between the hours of 11 p.m. and 6 a.m. at the two malls with 24-hour operations. It City Council Minutes 8 November 17, 1987 is the opinion of the Public Safety staff that the number and types of calls were not caused by the presence of a 24-hour °p operation. If Council chooses to grant the request of Ryan Construction Company, it is recommended that Council authorize execution of the Supplement to the Development Agreement to allow a 24-hour operation with the conditions desired by the Council . Enger' s letter stated City will give 14 day notification to discontinue if reason is sought to do so. Bentley suggested the City specify a review after one year and hold a public meeting to determine if 24-hour operation will continue, at which time property owners could present their concerns. It was proposed that Staff would bring issues before Council to reconsider the 24-hour provision, and a public meeting would be called by City Council . Harris instructed Staff it would appreciate submission of complaints and Council can decide if a public hearing should be called. Anderson stated this should be directed to other 24-hour operations as well. City Attorney Pauly stated language should read if there are no problems the continuance would be in place . Anderson questioned Pauly if City can revoke 24 hour operation. Pauly replied it depends how the provision is written. Suggested language would allow store to be monitored for one year. The Council , if it chooses during review of the situation, has the unfettered right to revoke 24-hour operation if for some cause it does not meet requirements of operation. Anderson expressed doubt that fourteen (14) days was sufficient for operation to cease and suggested it be changed to thirty (30) days. Pidcock inquired to staff how they would handle and/or monitor complaints. Enger replied in two ways: 1) physical inspection to see if there was litter, etc. ; and 2) document any form of complaints. Anderson inquired if City had right to revoke hours. Pauly replied yes because in this case Council deemed it appropriate due to proximity to neighboring residences. Bentley stated public safety records indicated no increase in crimes and citations in operations open 24 hours. In fact they rr were lower in those areas than others that are not open 24 hours a day. Resident Keith Walter, 9682 Clark Circle, felt the neighbors have been defeated before they were given opportunity to speak City Council Minutes 9 November 17 , 1987 after hearing Council . Walter stated this action was postponed for two weeks but New Market has been open six days. In that short time they have found two rolls of toilet paper in their yard, put up with red, white and blue flags and balloons on the building totally visible to his home, and being awakened at 2 : 00 AM by the garbage trucks. He thought there would be more discussion and asked how long City is going to give them before these matters are resolved, or if they must wait a year now before these concerns are addressed. Peterson responded that he was disappointed that Mr. Walter felt the Council was addressing a single concern. He expressed that the Council considers both business and homeowners concerns . If New Market is in violation of regulation, they will be notified immediately to correct it. The advantage to the neighborhood is if it does not work, the Council will intervene with their business. This kind of complaint is what the Council wants to receive and if it continues they will not remain in 24-hour operation. Resident Larry Paumen, 9712 Clark Circle, expressed his first concern regarding the ordinance on height of a fence. His property has a clear view of the loading dock and the semi trucks. He feels he lives in a nice neighborhood and asks if they have to live with the view as such. Bentley replied that the loading dock should be totally screened, and ordinance and development agreement are not in compliance if this was visible by him. Enger said that may need to be corrected. Planning staff intends to check the site lines and have the situation corrected. Resident Bob Humphrey, 9365 Garrison Way, expressed concern that the security of the neighborhood was lightly considered. They are vulnerable to thieves and they can now simply run out the back of the mall area and jump over fences because they are only 6 ' high. He would like to see a more secure barrier. He wanted to state the importance of the yearly review clause because the longer a business is in place they do tend to run down. Bentley asked Humphrey if he wanted mesh and barb wire fence. Humphrey replied a 91 to 10 ' fence would be more difficult to jump. Humphrey also brought to the Council 's attention that during the neighborhood meetings, Ryan Construction stated they would landscape and they have now abandoned that concept. Bill McHale, Ryan Construction representative, stated they have shielded the lights per recommendations, and in addressing the landscape stated pedestrian paths are landscaped to keep vandals out of the yards t, I City Council Minutes 10 November 17 , 1987 Bentley asked about screening issue and McHale said he will look into it and will take care of the matter. They plan to be good neighbors. MOTION: Pidcock moved, seconded by Harris to execute the Supplement to the Development Agreement in order to allow a 24-hour operation with the conditions desired by the Council . Motion carried unanimously. B. KADA, INC. ADDITION by Karp' s Twin City Supply Company. Request for Preliminary Platting of 4 . 1 acres into 1 lot. Location: North of Highway #5, south of Martin Drive, west of Mitchell Road. (Resolution No. 87-309 - Preliminary Plat) The property in question is already zoned and located between highway #5 and Martin Drive and slightly east of Corporate Way. The proponent wishes to build an addition for refrigeration equipment to an existing building. To accomplish this addition, the floor/area ratio of the resulting building would be in excess of that allowed by the I-2 zoning District . The proponent has owned additional property which, combined with the existing parcel, would provide enough land for the proposed building addition to meet the FAR maximum. Consequently the proponent needs to combine properties and have a new plat. MOTION: Bentley moved, seconded by Harris to recoim. end adoption of resolution no. 87-309 approving the Preliminary Plat. Motion carried unanimously. VIII . FINAL REPORT, RESIDENTS ADVISORY COMMITTEE ON CITY ADMINISTRATIVE OFFICES . This Committee has been meeting for the last year to recommend to the City Council a program for having a City Hall built after the City is done leasing office space. Marty Jessen presented a summary of the Committee' s final report. Jessen stated the committee consensus was the City should do it right instead of right now. They recommend that a new City Hall be built and ready for occupancy in March 1993 . Also to continue to occupy present space for one additional three-year lease agreement. Land should be acquired as soon as possible and a sign placed on land indicating future site of City Hall . A building fund be established to finance new building in lieu of bond referendum. Survey indicated no support for a civic center; and the costs reflected in this Study are 1986-87 dollars not 1993 . Committee expressed complimen-46--s and gratitude to Craig Dawson, Assistant to the City Manager, for his unbiased assistance, answers and clarifications to the many questions necessary to complete the Study. Peterson thanked Jessen for his leadership and the comprehensive and thorough study giving options. _J City Council Minutes 11 November 17 , 1987 MOTION: Pidcock moved, seconded by Anderson, to thank the committee for their efforts in producing this monumental study and acknowledge receipt of this report. Motion carried. Bentley reserved his option. Peterson indicated a study session will be planned to take action on this proposal . IX. APPOINTMENTS A. APPOINTMENT TO SOUTHWEST METRO TRANSIT COMMISSION The term of one of Eden Prairie 's members on the Southwest Metro Commission expires December 31, 1987 . Patricia Pidcock, the current commissioner, has indicated that she does not wish to be reappointed to the Commission for a three-year term. Membership to the Commission is limited only by requiring residency within Eden Prairie. Council continued this item to December 1, 19a7 , meeting. X. REPORTS OF OrFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. CITY MANAGER' S PERFORMANCE REVIEW A summary of the Manager' s Performance Review was reviewed by the Council . Anderson suggested that in operating as an efficient Council, members could decide if they wish to grade themselves. 2 . SCREENING OF WATER TREATMENT_ PLAN (FP) SLUDGE LAGOONS Dietz responded that a 6 ft. fence on Mitchell Road will be the screening, and this will be expanded with plants on the east side. 3 . 1978 FEDERAL CLEAN AIR ACT Bentley reported the the 1976 Clean Air Act amended by Congress contains a multitude of air contaminantes and potentail placing of penalties on states that, in all ways, did not abide. Over the years Minnesota has had only one problem. Just this last year, however, over 25 to 30 intersections are in excess of carbon monoxide and Minnesota is exceeding federal guidelines. The impact of this is there is the potential for total enforement of prohibition of development. Which includes highways and sewer expansion, (which they are threatening to do) until the source of the pollution is corrected and Minnesota is in total compliance Bentley continued that vehicle monitoring stations might be instituted, and he instructed Staff to be on top of this and address the issue of one being placed in Eden Prairie. City Council Minutes 12 November 17, 1987 MOTION: Bentley moved, seconded by Anderson, to direct Staff to explore impact of the Clean Air Act and vehicle inspection center. Motion carried unanimously. B. Report of City Manager 1 . SPECIAL MEETING AT 6:00 PM DECEMBER 1 , 1987 A special meeting of the City Council is req-sested to discuss results and implementation of the Comparable Worth Study. A brief written summary will be included with the agenda materials prior to that meeting. 2 . REQUEST FOR REPRESENTATIVE TO ADVISORY COMMITTEE FOR HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT MOTION: Pidcock moved, Anderson seconded to nominated Jean Harris as an Eden Prairie member of the Hennepin County Community Health Department. Motion carried unanimously C. Report of City Attorney There was no report. D. Report of Director of Planning There was no report. E. Report of Director of Community Services There was no report. F. Report of Director of Public Works There was no report. X1 . NEW BUSINESS None XII . ADJOURNMENT MOTION: Bentley moved, seconded by Anderson to adjourn at 10:40 PM. Motion carried unanimously.