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City Council - 03/13/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY , MARCH 13 , 1990 7 : 30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Harris to approve the Agenda as published and amended. ADDITIONS ADD Item X.A. 1, Report on the National League of Cities t Convention. ADD Item X.A. 2 , Resolution RE: Landfill Expansion. ADD Item X.A. 3 , Graffiti Bridge. ADD Item X.A. 4 , Earth Week and Flag Pole at Community Center. Motion carried unanimously. II . MINUTES q A. Special City Council Meeting held Wednesday, February21. 19909�rr 0�OU i Anderson moved, seconded by Pidcock to approve the Minutes of the Special City Council meeting held Wednesday, February 21, 1990 as published and amended. COR:?LCTION: Page 4 , Planning Commission Appointments, Motion should read: seconded by Pidcock. . . . City Council Minutes 2 March 13 , 1990 Motion carried 4-0-1. Peterson abstained. III. CONSENT CALENDAR A. Clerk's License List B. Policy on Personal Flotation Devices C. Villase Greens Petition to Eliminatg Sidewalk Requirement D. Authorization to Use Funds from Boo}, Sale For Microfilming Historical Documents E. Policy on Acguisition of Historical Artifacts F. Policy on Removing Snow and Ice from Sidewalks G. january 1990 Financial Report H. Yard Waste Facility Siting I. Award of House Sale J. Cost Partigiation w/MnDOT for Improvements to Trunk Highway No. 5. I . C. 52-135 (Resolution No. 90-54) K. Declaring Costs Ordering Preparation of a Special Assessment Roll for Modern Tire CgMygny Pr-Opepty Fire Protection System and Set Hearing Date (Resolution No. 90- 55) L. Settlement Agreement for PatriciaNelson Special Assessment ARReal (I.C, 2-109) t M. Einal Platova ' e d AdSlition (locatMd west of County Road No. 4 and north of Pioneer Tail) Resolution No. 90-59 N. AP12roval of TransfgrOwnershiR for ARartments (Resolution No. 90-64) O. HS ORES OF MITCHELL LAKE by MR-USHOT. 2nd Reading of Ordinance No. 37-89, Rezoning from Rural to R1-13 . 5, with s variances reviewed by the Board of Appeals; Approval of Developer's Agreement and Supplement to Developer's Agreement for Shores of Mitchell Lake; and Adoption of Resolution No. 90-66, Authorizing Summary of Ordinance No. 37-89 and Ordering Publication of Said Summary. Location: South of Highway No. 5, west of Mitchell Lake, east of Dell Road (extended) . (Ordinance No. 37-89 - Rezoning; Resolution No. 90-66 - Authorizing Summary and Publication) City Council Minutes 3 March 13, 1990 P. Roger's Auto Body - Extension of time for Developer's Agreement to 3/15/91 Q. EDEN PRAIRIE SERVICE by Rosewood Construction for Aspen Park Properties. Request for Comprehensive Guide Plan Amendment from Office to Community Commercial on 1. 5 acres; Planned Unit Development Concept Amendment on approximately 37 acres for consideration of a 3, 300 square foot Auto Service Center. Location: Northwest corner of Fuller Road (extended) and Highway 5 (Resolution No. 90-49 - Denial of Request) R. Receive Petition for Sanitary Sewer Watermain Storm Sewer and Street Improvements on White Tail Crossing and Trotters Path and Order Feasibility Study. I C 52-194 (Resolution No. 90-62) S. Receive 100% Petition for Sanitary Sewer, Watermain Storm Sewed' and Street Improvements within Bluffs East 7th Addition and Order Preparation of Plans and Specifications, I.C. 52-195 (Resolution No. 90-63) T. ovaAgreement or City CommunicationSystem with E. F. Johnson MOTION: Harris moved, seconded by Pidcock to approve Items A through T on the Consent Calendar. ITEM Harris asked if the City was going to extend the sidewalk. Dietz replied that the residents in the Village Green development had filed a petition requesting that the interior sidewalk system not be required as originally planned. He added that $15, 000 had been placed in escrow and it was Staff's recommendation that the sidewalk along Golf View Drive be extended and the remainder of the interior system not be required. Pidcock believed that the possible future needs of the neighborhood should be considered and in the future it was possible that more small children would live in this neighborhood. Dietz replied that the developer had placed a number of trees in the right-of-way which would need to be removed. He added that this was a quiet street and the t majority of property owners did not want an interior sidewalk system. ITEM Peterson asked for further detail regarding the Fire . Protection System for Modern Tire. Dietz replied there 1 City Council Minutes 4 March 13, 1990 was a provision in Chapter 429 of the Minnesota Statutes which allowed cities to assess for a fire protection system. The procedure would be that a special assessment hearing would be held as soon as the appeal period had run, the contractor would be paid, and the amount would be collected with taxes. ITEM L Pidcock asked Dietz what the original amount of the assessment. Dietz replied that the original assessment had been approximately $12 , 800 and had been reduced by $5, 500. Motion to approve the Consent Calendar carried unanimously. IV. PUBLIC HEARINGS A. INTERNATIONAL, SCHOOL, PHASE II by International. School of Minnesota, Inc. Request for Zoning District Amendment with the Public Zoning District on approximately 38 acres, Site Plan Review on approximately 38 acres for construction of a 27 , 640 square foot addition. Location: South of Crosstown #62 , north of Bryant Lake, west of Nine Mile Creek. (Ordinance No. 4-90 - Zoning District Amendment) Continued from February 20, 1990 Council meeting Jullie reported that this item had been continued to allow time to resolve issues related to screening and drainage on the adjoining property of Mr. Poupard. Tracy Whitehead, representing the International School, stated that she had met with Mr. Poupard as requested by x the Council at the last meeting. An engineer had been hired to investigate the drainage issue and had determined that a drainage problem did not exist. Whitehead stated that since the time of the July 1987 superstorm sod had been added, curb and gutters were placed on the road, and an additional catch basin had been installed. Regarding the landscape issue Whitehead reported that a landscape architect had been hired and it was recommended that 22 arborvitae trees be planted shoulder to shoulder to correct the headlight and screening issue. Whitehead stated that Mr. Poupard did not view this as an acceptable solution and the International School recommended that an additional 12 trees. Whitehead said that the International School wanted to be a good neighbor and would request approval of Phase II. Peterson asked Enger. if Staff had been involved in the meeting between the proponent and the International School . Enger replied that Staff had discussed the issues City Council Minutes 5 March 13, 1990 with each party individually and had developed a separate analysis. Staff's conclusion was that while additional evergreens would help, it would not completely solve the problem with headlights. Enger added that Staff had recommended the construction of a fence; however, the International School preferred to use trees. Gerald Duffy, representing Mr. Poupard, stated that Mr. Poupard shared the City Staffs view that a fence would be a preferable alternative to the trees. Duffy added that Mr. Poupard's first choice was that an earth berm be constructed. Duffy said that Mr. Poupard was willing to try the solution as presented by the International School ; however, if it did not work to the satisfaction of Mr. Poupard, he would return to the City for further action. Mr. Poupard stated that prior to the road being constructed he looked down over the edge of his property and presently he looks up at the road. Poupard was concerned that a grading plan had not been filed prior to the construction of the road. Pidcock asked City Attorney Pauly to respond to the letter presented at this hearing by the International School's attorney. Pauly stated that he had just received the letter and would need to further review the provisions of the Site Plan Ordinance. Pauly added that he did not believe that the language in the Developer's Agreement addressed Mr. Poupard's claims. Peterson asked Pauly if it would be his recommendation not to take action on this item this evening. Pauly replied yes. Harris asked for clarification on how the headlights were affecting Mr. Poupard's property. Duffy replied they k headlights from the cars turning in and out of the International School as well as the headlights from cars stopping at the signal on County Road 62 shined into the Poupard home. Duffy noted that another problem was the traffic signal light on County Road 62 was changing constantly. Duffy stated that he would reserve the right to review the response from the International School's attorney, as this was not part of the information presented to him. James Steilen, attorney representing the international School, stated that Mr. Poupard had said that he was willing to try the solution as presented by the International School . Steilen said that it was important that the school begin construction immediately to meet September 1991 deadlines for completion. Steilen City Council Minutes 6 March 13 , 1990 f requested that the Council consider taking action on this item this evening. Anderson believed that it was important for the City to discuss the trail easement situation and further believed that a condition of the Developer's Agreement should be that the International School negotiate at trail easement with the City of Eden Prairie. Peterson asked Anderson if he believed that a condition of the Developer's Agreement was sufficient. Anderson replied that the City's intent was to continue attempt to gain a trail easement in this location needed to become part of the official records. Anderson emphasized that it had always been the City's intent to obtain a trail in this location. Harris asked the proponent on the status regarding completion of the Final Plat. Whitehead replied that the Final Plat would be ready for Staff approval within a week. Whitehead added that the request was that the International School not be granted an occupancy permit until the Final Plat was completed. Anderson asked Whitehead the school 's position regarding r the trail easement. Whitehead replied that the owners of the school were in town at this time and recommended that a representative from the City should discuss the trail easement with them. Whitehead added that at this time it was the school 's position that it did not want a trail through its property. Anderson asked if the school's objection to a trail easement had been clearly stated during the proceedings with Hennepin Parks. Whitehead replied that proceedings had been started for a friendly condemnation when the personnel for the Hennepin Parks underwent a complete change and the decision to stop the proceedings was made by the new Parks administration. Anderson asked Whitehead if the International School would be willing to negotiate with the City of Eden Prairie regarding a trail easement. Whitehead replied that the International School did not want a trail on its property. Harris recommended that Staff be directed to talk directly with the owners of the International School regarding a trail easement. Peterson recommended that Councilmember Anderson participate in those negotiations. Anderson stated that he would like to work with Staff on this issue because he believed that it was very important to the City to have a trail connection in this location as had always been the intention. City Council Minutes 7 March 13 , 1990 Harris asked if it would be realistic to expect the Final Plat to be filed within 10 days. Enger replied that a Preliminary Plat had been approved and a Final Plat was to be filed immediately. Enger noted that the filing of the Final Plat was now 18 months overdue. He stated that the Final Plat would require review by the City's Engineering Department before being brought to the City Council . Whitehead stated that a preliminary draft would be ready for the Staff review within 10 days. Dietz replied that the Final Plat would have to be filed with the County and this could not be completed within 10 days. Peterson recommended that the proponent be required to file the Final Plat with the County prior to 2nd Reading. Whitehead requested that a grading and foundation permit be granted early to allow construction to begin immediately. Tenpas asked Duffy if he agreed with the comments by Attorney Steilen. Duffy replied no and added that he disagreed with some of the contents of the letter presented to the Council this evening. Duffy stated that because of the Final Plat had not been filed the driveway was not placed as originally agreed upon. Duffy added that the onus should not be placed on Mr. Poupard; the language in the Developer's Agreement should guarantee Mr. Poupard that adequate screening be provided. Peterson asked Duffy it was his intent that the screening of the property as proposed with arborvitae be included in the Developer's Agreement or to include other alternatives. Duffy replied that the Developer's Agreement could include language which would list several alternatives, with the Developer being allowed to choose the least expensive; however, if the screening accomplished by this method was not sufficient, .then the developer would be required to take the next alternative. City Attorney Pauly asked Duffy if Mr. Poupard was claiming that this development was creating an additional burden on his property, which would require the screening s' and berming. Duffy replied that any additional development on this site would affect the lack of visual screening due to the increase in traffic. Duffy added that it was not Mr. Poupard's intention to impede the International School . He requested that the language be very clear in the Developer's Agreement to provide Mr. Poupard with adequate screening. Pauly asked Duffy if he could quantify what the impact to Mr. Poupard's property would be due to the proposed development. Duffy replied that he could not present exact figures; however, the increase in students wound result in an increase in traffic. Duffy requested that the language in the City Council Minutes 8 March 13 , 1990 Developer's Agreement be clear that the recommendation for the arborvitae to be used as screening was that of the international School, and that if this alternative did not prove successful in providing Mr. Poupard with adequate screening that the International School would be required to take additional measures. Harris believed that part of the problem from the headlights was caused by the traffic on County Road 62 and questioned if the best in screening could eliminate the problem. Duffy replied that Hennepin County had constructed a berm to screen the Poupard property from the headlights; however, the International School removed that berm to construct its driveway. Duffy believed that the International School should be required to replace the screening and berming which it chose to remove without. notifying Mr. Poupard. Whitehead replied that it was at the City's request that the International School changed its road design and moved the driveway. Whitehead added that she did not know why Mr. Poupard had not been informed of the change. Whitehead stated that she was not aware of a particular berm being removed and did not believe that the International School could be held responsible for the traffic light on County Road 62 and its affect on Mr. Poupard's property. She added that the International School would be responsible to screen the Poupard property from the school 's traffic. There were no further comments from the audience. M©TION Harris moved, seconded by Pidcock to close the Public Hearing and approve lst Reading of Ordinance No. 4-90 for Zoning District Amendment. Peterson asked Pauly if there would be any legal impediments which could result from taking action tonight. Pauly replied that it appeared from the information presented earlier that Mr. Poupard would like the. requirement that a berm be provided as part of the condition for approval of the proposal and the International School is not in favor of this as a condition. Whitehead stated that Staff was not recommending the construction of a berm as part of its recommendations. Whitehead added that Staff had indicated that the construction of a berm in the necessary location to provide screening would destroy approximately 7 large oak trees. Pauly stated that in light of this information, he ,{ could find no other reason not to take action on this item fig, at this time. City Council Minutes 9 March 13 , 1990 Motion carried 4-1. Anderson voted "NO". MOTION: Harris moved, seconded by Pidcock to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council Condition that prior to 2nd Reading the Final Plat be filed with the County, negotiations for a trail easement be included in the Developer's Agreement, and the screening be provided with the arborvitae as proposed. Anderson asked Pauly to clarify why the requirement for the arborvitae screening could be included in the Developer's Agreement and a requirement for a trail easement could not be included. Pauly replied that the proponent was in agreement with the screening requirement, but was not in agreement that a trail be placed on the property. Anderson stated that this proposal had been fast-trackad over a year ago to allow the school to meet schedules and at that time the Council believed that a trail system would be provided because the International School had agreed to cooperate with the County. Anderson believed that the International School wanted to the City to cooperate and make exceptions for its benefit; however, he did not see the International School willing to + reciprocate and cooperate with the City on an issue which was important to the City's trail system. Anderson added that this was why he was voting in opposition to the proposal. i Peterson stated that he had voted in favor of the proposal with the belief that the International School would enter into good faith negotiations with the City regarding a trail easement prior to 2nd Reading. Peterson added that if this was not the case at the time of 2nd Reading he would reserve the right to change his vote at that time. y Harris stated that she had added as a Council condition that the negotiations for a trail easement begin prior to 2nd Reading and also believed that this would be done in good faith. Tenpas asked if it would be possible to include language for the Developer's Agreement that the International School be responsible for adequate screening for the Poupard property and that if the first attempt with the arborvitae did not work that the International School would be responsible for additional screening. Pauly replied that this would be within the City's prerogative. Harris stated that this would be adding a modifier to the motion which she was uncomfortable with. Tenpas replied that it appeared that this was the only time of the year I City Council Minutes 10 March 13 , 1990 when the screening was an issue and he wanted to make sure that this issue did not return to the Council . Duffy noted that Staff had concurred that the arborvitae might not work. It had been Staff's recommendation to provide a fence, which had been Mr. Poupard's second choice, with the first being to replace the berm which had been removed. Duffy did not want the Staff's recommendation and Mr. Poupard's recommendations to be lost in this process. Pauly recommended that any recommendation for further remedy of the screening be a condition of further review by the City Attorney to determine the City's authority to require such additions. He added that if it was determined to be within the City's authority the language would be included in the Developer's Agreement prior to 2nd Reading. The Council concurred with this recommendation. Motion carried unanimously. Anderson noted that he voted in favor of the motion at this time because of the clarification of the Council conditions. MOTION: Harris moved, seconded by Pidcock to grant an early grading and foundation permit with the understanding that the proponent would be proceeding at its own risk. Motion carried unanimously. I B. VACATION NO. ,90-02 - RIGHT-OF-WAX FOR CORRAL LAN& (Resolution No. 90-56) t Jullie reported that notice of this Public Hearing had been published in the February 21, 1990 issue of the Eden Prairie News and mailed to owners of affected property owners. Richard O'Brien, 15709 Cedar Ridge Road, recommended that Item IV.A be considered at the same time as this item because they are connected. O'Brien noted that several residents were in attendance to discuss concerns regarding both items. Peterson asked Jullie why the two items were separated. Jullie replied that the vacation of Corral Lane was a public hearing and that under normal conditions the Final Plat for Sandy Pointe would have been addressed under the Consent Calendar; however, because of prior knowledge of some concerns by the residents it had been placed under the Resolution section of the agenda. Jullie believed that the proponent could address the issues of concern by the neighbors. City Council Minutes 11 March 13, 1990 Jim Zachman, the proponent, stated that the Final Plat was exactly the same as the Preliminary Plat which was approved in November of 1989. He added that the dispute and item of concern was how to solve a surveying error. There was a gap in the property designated as outlot C. A decision would be determined by the courts if the depth of Outlot B would be increased or if the land would become part of the Eden Hills parcel. Zachman did not believe that this should have any affect on Final Plat approval. Jullie asked Zachman to address the payment to the property owners. Zachman replied that he had agreed to pay the Eden Hills Homeowners Association $30, 000 at the time the Final Plat was recorded, not at the time of filing, and this condition had been accepted by the association. Zachman stated that he would like the City to police the $30, 000 payment through a stipulation in the Developer's Agreement. Kent Harker, 15801 Cedar Ridge Road, asked how the proponent could include in the plat property that he did not own. Barker referenced a letter dated March 13, 1990 from the Eden Hills Homeowners Association to the City which outlined its concerns. The Homeowners Association would object to any Council action which would undermine its rights of ownership. Barker noted that the Homeowners Association had been assured that the County Attorney s office was fully aware that the ownership of this 30-foot piece of property was not clear at this time. Zachman stated that he was not claiming ownership of the property. He added that he was working with the County Attorney's office and merely wanted to have the Final Plat recorded at this time; and the ownership of the property would be determined through a court hearing process. Peterson stated that it appeared that the proponent had had conversations with City Attorney Pauly regarding these issues and believed that this item would not have appeared on the Agenda if the City Attorney believed that any action on the part of the Council would jeopardize or prejudice any court hearing regarding ownership of the property in question. Pauly asked City Engineer Gray if there was a discrepancy over the rest of the Plat. Gray replied no. Pauly asked Gray if any of the City's rights-of-way or easements go across the contested strip of property. Gray replied no. Pauly stated that the mere platting of property did not change in any way ownership interest. Pauly noted that an easement interest holder was not required to sign the . plat, only the fee owner. Pauly noted that the procedure City Council Minutes 12 March 13 , 1990 E being recommended this evening was based on a recommendation from the Examiner of Titles. Pauly stated that the payment issue could be made a condition of the Developer's Agreement. Peterson asked Pauly if the Council could take action on both the vacation of Corral Lane and the Final Plat approval for Sandy Pointe without hindering the Iomeowners Association position regarding ownership. Pauly stated that these proceedings would not determine title of the property. Robert Gartner, 15701 Cedar Ridge Road, was concerned that the Homeowners Association would lose access to its recreation lot if the vacation of Corral Lane took place. Dietz replied that a small portion of the road would go across the property in question. Jullie replied that this would not result in the Homeowners Association being denied access to its property. Pauly asked if access (SU denied access to its property. Pauly asked if access would be available even if a third party owned the property. Jullie replied that there would be access over . land which was not in dispute. Gray replied that a trail would be provided in place of a street and access would still be available for the Homeowners Association. There were no further comments from the audience. MOTION: t Harris moved, seconded by Anderson to close the Public Hearing and adopt Resolution No. 90-56 to vacate a part of the right-of-way for Corral Lane. Motion carried unanimously. x C. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIOUS , I.C. 52-166 (Sanitary Sewer. Wate Streets in wv Oak Drives Neigh# ood) Resolution No. 90-61 s` Jullie reported that notice of this public hearing was mailed to 67 surrounding property owners and published in the February 28 and March 7, 1990 issues of the Eden Prairie News. Dietz presented the plans for project I.C. 52-166. The project was the result of a petition from the residents in the neighborhood to provide utilities and street improvements to the area. The street would be 28 feet wide. The exact location of the storm sewer outlots had not been determined at this time and further study was taking place. The proposal had an alternate for the construction of sidewalks. The sidewalk would continue all along Summit Drive and Red Oak Drive based on a City Council Minutes 13 March 13 , 1990 request by the residents to complete the sidewalk loop. The cost of the project was $404 , 140 . The assessment would consist of 57 lots at $7 , 090 per lot unit. This assessment included $14 , 000 for the additional sidewalk at $247 per lot unit. Easement acquisitions for utilities were not included in the figures for the feasibility study and these costs could be added if necessary. Dietz added that the cul-de-sac in the northeast end of Summit Drive would require an easement for the construction of the terminus. The cost of the storm sewer would be approximately $201,860, to be assessed at $3 , 364 per lot unit for 60 lots. The cost of the watermain would be approximately $166, 190 at $3 , 022 per lot unit for 55 lots plus the trunk sewer and water assessments. An alternate plan had been developed at a lower cost which resulted in a savings of approximately $400 per lot; however, this plan would be more disturbing to the neighborhood and would result in the lose of additional trees. Four lots would be assessed at a one-half lot unit cost because of the irregular shapes. Red Rock View would be assessed for 6 lot units for utilities and 7 lot units for streets. Dietz presented the assessment roll and recommended that the utilities be subject to the Exclusion Policy. Bids were scheduled to open in April, substantial completion in September, and the Special Assessment Hearing would take place in August 1991 . The taxes would appear on the 1992 tax statements. Anderson asked Dietz if these were the last homes with septic tanks in this area. Dietz replied that approximately 29 lots in this area had septic tanks. Anderson then asked how long after the City provided sewer to an area did the residents have to hook up to the City's system. Dietz replied that it could be established that hook up would be required within 2 years. Dietz added that currently the policy was that an existing septic system could not be repaired if City sewer were available and the resident would be required to hook up at the time ' the system failed. Anderson believed that a time limit should be established to require hook up especially when homes were close to a lake. Dietz stated that Staff had p been requested by the Metropolitan Waste Commission to r establish a comprehensive sewer policy plan which was presently being reviewed by the Building Department. He added that inspection of all on-site systems was part of the recommended proposal . Dan Dineen, 15607 Summit Drive, stated that it appeared that the storm sewer systems did not connect to anything. He added that a water drainage problem existed currently in the area. Dietz replied that these were not the final Plans. Dietz added that curb and gutter would be installed in the cul-de-sac area. Dineen requested that further review of the drainage problem be done. Dietz City Council Minutes 14 March 13, 1990 replied that this would be done during the final design process. Dineen stated that he was not in agreement with the sidewalk proposal . Dietz stated that the sidewalk would connect to Red Rock Shores subdivision which would allow a connection to the trail at County Road 4. Peterson asked Dietz the rational for the additional sidewalk. Dietz replied this was based on a petition received from some of the residents in the area. Claude Johnson, 8740 Red Oak Drive, stated that the septic systems in the area do not drain toward the lake. Johnson added that he had been told that he would have 5 years before connection would be required and did not believe that it would be fair to change the rules now. Anderson replied that he was concerned about a potential problem. Johnson stated that he was opposed to the additional sidewalk proposed. He added that he was concerned about the liability issues involved. Johnson did not see the need for the sidewalk because the neighborhood was self- contained. Bob Maier, 15603 Summit Drive, stated that there was a drainage problem currently on his property. Dietz emphasized that these were not final plans and that the issue would not be overlooked at the time of final design. Don Harasyn, 15811 Summit Drive, supported the 2nd alternative plan to reduce the costs. Harrison questioned how often access would be necessary to the backyards. a Harrison noted that homes in this area were mainly walkouts and the septic systems were located in the backyards and questioned why the service connection costs would be less by going into the street. Harrison supported the sidewalk system as proposed but recommended consistency in rational for the placement of sidewalks in neighborhoods. John Hoffer, 8711 Meadowvale Drive, stated that he had acquired 40 signatures on the petition for the sidewalks and supported the plan as shown. Catherine Holmbeck, 16050 Summit Drive, stated that she did not see a need for the sidewalk between Summit Drive and County Road 4 . Hombeck was concerned about the extra burden of shoveling the sidewalk in the winter and liability. There were no further comments from the audience. MQTION: Pidcock moved, seconded by Harris to close the Public Hearing and adopt Resolution No. 90-61 ordering the City Council Minutes 15 March 13, 1990 improvements and Preparation of Plans and Specifications for I .C. 52-166. Peterson asked if direction was going to be given to Staff regarding the sidewalks_ Dietz replied that based on the discussions this evening it appeared that the sidewalk presented in green on the plan would be acceptable to the majority of the neighborhood residents; however, the sidewalk presented in orange was not fully supported. Peterson believed that it was important to hear comments from more of the residents in the neighborhood before a determination was made regarding the sidewalk issue. Dietz stated that he was an advocate, of sidewalks especially in neighborhoods with young children. Dietz added that from a safety aspect the sidewalk would make sense. Pidcock noted that sidewalks were much harder and more costly to install after a neighborhood was fully developed. Dietz stated that the City did not have an ordinance which required that the sidewalks be shoveled and in fact the City plowed some sidewalks in heavily traveled areas or close to schools. Dietz presented the Council with a letter from a Mrs. Woods which stated objection to the project. Peterson believed that the neighborhood should be polled regarding the sidewalk issue. Anderson believed that the main concern should be the safety of the children in the neighborhood. Claude Johnson stated that on Red Oak Drive there were no young children. Peterson noted that this situation could change in the future. Pidcock believed that the sidewalk was a safety issue. The Council concurred on strong support of the installation of the sidewalk system as proposed. Motion carried unanimously. D. JAMESTOWN PLANNED UNIT 12EVE192PMEkIT by Tandem Properties. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Neighborhood Commercial on 5. 59 acres and from Low Density Residential to Medium Density Residential on 12 . 16 acres, Planned Unit Development Concept Review on 60.79 acres, Planned Unit Development District Review on 60.79 acres with waivers, Site Plan Review and Zoning District Change from Rural to R1-13 . 5 on l City Council Minutes 16 March 13 , 1990 17 . 7 acres and Rural to R1-22 on 15. 7 acres, Preliminary Plat of 60.79 acres into 17 townhouse lots, 58 single family lots, 2 outlots and road right-of-way, Environmental Assessment Worksheet Review on 60. 79 acres. Location: South of Highway No. 5, east of West 184th Avenue (Ordinance No. 3-90-PUD-1-90 - PUD District Review and Rezoning) Jullie reported that notice of the Public Hearing had been mailed to 10 surrounding property owners and published in the February 28, 1990 issue of the Eden Prairie News. Jullie added that this hearing was necessary because of an error in the original legal description of the properties to be zoned R1-13 . 5 and R1-22 as published in the newspaper. There were no comments from the audience. NOTION: Anderson moved, seconded by Harris to close the Public Hearing and approve 1st Reading of Ordinance No. 3-90-PUD- 1-90 for PUD District Review and Rezoning. Motion carried unanimously. E . NgDONALDS by McDonald's Corporation. Request for Planned Unit Development District Review and Zoning District Amendment within the C-Reg-Ser Zoning District on 1 . 4 acres with waiver for parking setback, Site Plan Review on 1. 4 acres, Preliminary Plat of 8 _ 2 acres into 2 lots for construction of a fast food restaurant. Location: East of Highway #169, north of Prairie Center Drive. (Ordinance No. 13-90-PUD-7-90 - PUD District and Zoning District Amendment; Resolution No. 90-51 - Preliminary Plat) Jullie reported that notice of the Public Hearing had been mailed to 29 surrounding property owners and published in 4 the February 28, 1990 issue of the Eden Prairie News. Ray Schleck, representing the proponent, presented the plans for a McDonald's restaurant in the Tower Square Shopping Center. The building elevations had been changed to match the rest of the center. Schleck added that the proponent had worked with Staff to resolve the signage and landscape issues. ' Enger reported that Planning Commission reviewed this item r at its February 12, 1990 meeting and recommended approval on a 7-0-0 vote. He added that all issues had been resolved. Anderson was concerned about the maintenance of the facility. He noted that there were significant City Council Minutes 17 March 13 , 1990 differences in upkeep from one facility to another. Schleck replied that the maintenance was the responsibility of the owner-manager. Anderson asked if this facility would have franchise ownership. Schleck replied yes. Schleck added that McDonald's had very high standards and inspections were made regularly. Tenpas stated that McDonald's restaurants were basically kept very clean. There were no comments from the audience. NOTION: Harris moved, seconded by Pidcock to close the Public Hearing and approve 1st Reading of Ordinance No. 13-90-7- 90 for PUD District Review and Zoning District Amendment. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 90-51 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, with the addition of the Council 's concern for proper maintenance of the facility. Motion carried unanimously. F. VACATION WELTER PURG&TORY AGREES 2ND (Resolution No. 90-57) Jullie reported that notice of the Public Hearing was published in the February 21, 1990 issue of the Eden Prairie News and mailed to affected property owners. w s There were no comments from the audience. g d MOTION: 9 Pidcock moved, seconded by Harris to close the Public t Hearing and adopt Resolution No. 90-57 to Vacate the Drainage and Utility Easements. Motion carried unanimously. G. VACATION NO. 90-Q4 - RIGHT-OF-WY FOR PART OF WEST 184TH AVENUE ( e34lutiS?IL..NoL...,90-58) Judie reported that notice of the Public Hearing was published in the February 21, 1990 issue of the Eden Prairie News and mailed to affected property owners. There were no comments from the audience. City Council Minutes 18 March 13 , 1990 MOTION• Anderson moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No. 90-58 to vacate the right-of-way. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson to approve Payment of Claims No. 57782 through No. 58122 . ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas and Peterson all voting "AYE" . VI. ORDINANCES & RESOLUTIONS A. SANDY POINTE by Sandy Pointe Development. 2nd Reading of Ordinance No. 41-89, Rezoning from Rural to R1-13 . 5; Approval of Developer' s Agreement and Supplements to Developer's Agreement; and Adoption of Resolution No. 90- 70, Authorizing Summary of Ordinance No. 41-89 and Ordering Publication of Said Summary. Location: North of Pioneer Trail, east of Corral Lane, southwest of Red Rock Lake (Ordinance No. 41-89 - Rezoning; Resolution No. 90--70 - Authorizing Summary of Publication) Reference the discussion under Item IV.B. F MOTION• i Pidcock moved, seconded by Harris to approve 2nd Reading of Ordinance No. 41-89 for Rezoning. Motion carried unanimously. t MOTION. Pidcock moved, seconded by Harris to approve the Development Agreement and Supplements of the Development Agreement; and Resolution No. 90-70 Authorizing Summary of the Rezoning Ordinance for Publication. Motion carried unanimously. B. Final_ Plat Approval of Sandy Pointe f located north of Corral Lane and southwest of Red Rock Lake) Resolution No. 90-60 NOTION: Pidcock moved, seconded by Anderson to adopt Resolution No. 90-60 for approval of the Final Plat of Sandy Pointe. Motion carried unanimously. r fkk i City Council Minutes 19 March 13, 1990 C. Resolution Relating to Development District No. 1 and Tax Increment Financing Districts Nos. 2 . 3 . 4 . 5 . 6 and 7: calling for a Public Hearing on the Adoption of Amendments to the Develooment_Program and TaX Increment Financing Plans Therefor (Resolution No. 90-65) MOTION: Pidcock moved, seconded by Anderson to adopt Resolution No. 90-65 which lists proposed amendments to the Tax Increment Financing Districts and to set April 17, 1990 for the Public Hearing. Motion carried unanimously. D. DEAN SWANSON ADDITION by Dean E. Swanson. Request for Preliminary Platting of .97 acres into two single family lots within the R1-22 Zoning District with variances for lot size and structure setback. (Resolution No. 90-53 - Preliminary Plat) MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 90-53 approving the Preliminary Plat. Motion carried unanimously. E. EDENVALE INDUSTRIAL PARK, 8TH ADDITION (aka: Bergin Auto Body) by James Bergin. Request for Preliminary Platting of 4 . 7 acres into 1 lot and 1 outlot with lot frontage variance to be reviewed by the Board of Appeals. Location: Northwest corner of Corpor.,.te Way and Martin Drive. (Resolution No. 90-50 - Preliminary Plat) Anderson asked if there were low lands involved on this parcel . Enger replied not in this area. MOTION• Pidcock moved, seconded by Harris to adopt Resolution No. 90-50 approving the Preliminary Plat. Motion carried unanimously. F. EDEN PRAIRIE CENTER, BTH ADDITION (aka: Eden Square/Tower Bank Square) by Robert Larsen Partnership, Inc. Request for Preliminary Platting of 8.2 acres into 2 lots. Location: East of Highway #169 and north of Prairie Center Drive. (Resolution No. 90-52 - Preliminary Plat) MOTION: Pidcock moved, seconded by Anderson to adopt Resolution No. 90-52 approving the Preliminary Plat. Motion carried unanimously. VII . PETITIONS. REQUESTS & COMMUNICATIONS City Council Minutes 20 March 13 , 1990 A. Appeal Board of Appeals & Adjustments Decision on Variance Request No. 90-04. and set Hearing for March 20. 1990 MOTION• Pidcock moved, seconded by Anderson to set March 20, 1990 to review Variance Request No. 90-04 of the Board of Appeals & Adjustments. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of members to the Landfill Advisory Committee (Continued from February 20, 1990 Council meeting) Pidcock placed into nomination the following for appointment to the Landfill Advisory Committee: Sidney Pauly, Jerri Coller, Tom Brandabur, George Butzcw, Glenn Wilson, Al Lange, Al Lyng, Virginia Gartner, Robert Cox, Doug Tenpas, Patricia Pidcock, and alternates Dick Coller and Mark Thompson. Motion carried unanimously to approve the nominations. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Reyprt ,on National League of Cit 'deg Convention in Washing on DC Harris complimented Mayor Peterson on his report about the convention. Harris stated that the convention dealt with national trends and big city issues . The convention offered an opportunity to meet with State representatives. Harris thanked Representative Pauly and Councilmember Pidcock for arranging special meetings and introductions. Harris believed that this meeting was very unique and different from the previous year. Pidcock stated she and Councilmember Harris had met with Kathy Michelle from Rep. Frenzel's office to discuss the landfill issue. Also Rep. Oberstar and his staff member Tom Reagan also spent time discussing the landfill issue. , Tom Reagan recommended an adoption of a Resolution regarding landfill which was presented to the Council . Pidcock believed that the meetings were very worthwhile. Pidcock stated that she and Councilmembers Tenpas and Harris had met with Gordon Hoff to discuss the landfill and the possibility to obtain demonstration money for Highway 212 . Pidcock added that the data needed to be turned in by next week. City Council Minutes 21 March 13, 1990 2. Resolution opposing Expansion ofElyinct Cloud Landfill MOTION• Pidcock moved, seconded by Anderson to adopt Resolution No. 90-72 opposing the expansion of the Flying Cloud Landfill . Peterson asked if this resolution had been prepared by City Staff personnel. Pidcock replied that City Attorney Pauly and City Manager Jullie had helped draft the resolution. Peterson asked if the toxicology experts retained by the City had indeed concluded that there would be a health hazard for residents within 750 to 2 ,000 feet of the proposed expansion limits or if the research was still ongoing. Jullie replied that in the experts deposition he had made mention of similarities between this landfill and the one located in Ottawa and that there could be potential for health hazards. Peterson wanted to stress that a -definite conclusion had not been reached. Motion carried unanimously. 3. Graffiti Bridge Harris reported that she had had a telephone conversation and had received a letter from a representative of Totes Incorporated which manufactures "Graffiti Gearn. The corporation wanted to sponsor a graffiti contest, for which the winner would receive a scholarship. The winning design would be prominently displayed and celebrities would be brought in, with the possibility of a mural being done. Totes Incorporated was willing to participate in j the preservation of the bridge and would like to discuss this issue further with the City, School Board, .and the z Chamber of Commerce. Harris believed that Eden Prairie s would receive a lot of publicity. Tenpas believed this would be a great idea. Peterson asked if by agreeing to this it would mean that the City had agreed to keep the bridge. Harris replied no. Jullie asked if Totes Incorporated would carry the responsibility for the administration of the contest. Harris replied that Totes Incorporated would take full responsibility. Anderson stated that it would need to begin very soon in order to be able to reach the school children before school let out for the summer. City Council Minutes 22 March 13 , 1990 MOTION: Pidcock moved, seconded by Tenpas to approve the concept of a contest to be sponsored by Totes Incorporated. 4 . Earth Week Anderson reported that the Committee would finalize plans on Thursday evening. He added that the school had already planned some very interesting programs. Anderson stated that he had wanted to place the Tree City Flag at the Community Center and it was noted that the center did not have a flag pole. Anderson believed that it would be appropriate to have a flag pole and requested that Staff look into the price of a flag pole. MOTION: Anderson moved, seconded by Pidcock to direct Staff to investigate the cost of a flag pole. Motion carried unanimously. B. Report of City Manager C. Report of City Attorney D. ReRort of Direc&or of J!lanninct E. Director of Parks, Recreation & Natural Resources 1 . Riley La a Park Acquisiti2n Lambert reported that when the grant was applied for in 1987 a plan for the park was presented to Mrs. Jacques. The original plan was rejected by Jacques due to her concern about the location of the ballfields and the location of the property line. Plan 2 reflected a change in the property lines and the removal of the ballfields. Jacques concern then related to the location of the boat z launch at the north end of the park. Plan 3 evolved, changing the location of the boat launch to the southern end of the park. At this time Jacques requested a significant amount of screening between the park and her home. The State voiced a concern regarding Plan 3 because the City did not have a definite plan to purchase the additional property to the south for the boat launch. Plan 4 depicted an expanded parking area. Plan 5 showed 2 ballfields reintroduced. Jacques had finally arrived at a price of $21, 333 . 33 per acre for the property; however, she noted 10 conditions for the sale. City Council Minutes 23 March 13 , 1990 Condition 1 related to an objection to the elbow configuration of the property to the north. Lambert noted that this would eliminate the City's ability to provide adequate screening between the park and the Jacques home as earlier requested. Lambert added that the Stated had noted that if any facilities were taken away, the grant would be invalid. Lambert believed that if the City gave up a portion of the property this would be a major concession; if anything the City should be attempting at acquire additional land. As presently planned the City was only acquiring a 40-acre park on a 300 acre lake. Condition 2 was a first commitment by the City not to move the boat launch to the north at any time in the future. Lambert noted that this would require a commitment for the City to acquire additional land to the south. Condition 3 was that Jacques would have final approval of the design. Lambert believed that this would be a grave mistake. Condition 4 was for Jacques to preserve the right to maintain a farm road access to the property to the north. Lambert stated that this would be restrictive to the City's plans. Condition 5 was a request to be allowed to rent the farm land for the remainder of 1990. Pidcock asked if a time limit had been established for the maintenance of the farm road. Lambert replied no. Condition b requested that the City pay the "Green Acres" 9 taxes. a Pidcock stated that the payment of taxes was the responsibility of the seller, not the buyer. Condition 7 was a request to store the farm equipment. Condition 8 requested that Jacques be notified prior to any building removed. Condition 9 stated that Jacques provided no warranty on the buildings. Condition 10 stated that the City may retain $42,837 .50 of the total purchase price pending clearance of the title of approximately 2 . 37 acres. Lambert recommended that the City Attorney be authorized to make an offer based on the Council 's decisions regarding the 10 conditions. He added that the City needed to proceed before March 30th. City Council Minutes 24 March 13 , 1990 Harris asked what would happen if Jacques was unable to get clear title. Lambert replied that the City would need to negotiate to buy from another party. Lambert added that the State's position was that the City either begin condemnation proceeding or enter into a purchase agreement. Anderson stated that the City had been involved in this process for a long time and the price continued to increase. He believed that the City needed to proceed now into serious negotiations. Anderson added that Mrs. Jacques was not in the business of planning parks and roads and should therefore, not be permitted to determine the final plans. Anderson believed that the park should be planned in the best interest of the total population of the City not one individual. Anderson further believed that once the City purchased the property it should be able to develop the property as it sees fit. Peterson stated that a considerable amount of Staff's time and City funds had been invested already. He added that the City had a professional planner on staff to determine the final design for the park and did not agree with the request by Jacques to have final approval . Pidcock concurred. Peterson stated that regarding the 0.8-acre, he recommended that the screening take place on the Jacques 0. 3-acre and that she be obligated to maintain the screening. Peterson believed that the wording of "never moving the boat launch" should be changed or removed. Harris believed that the location of the boat launch was a safety issue. Lambert stated that it was necessary to have the boat launch located as far away from the swimming area as possible. Lambert added that it could be 10 years or more before the City would be able to acquire the property to the south. He noted that the location of the boat launch to the south would not be as good as the location to the north. Harris believed that this part would have high intensity use. Tenpas asked what would need to be changed to move the t boat launch to the north. Lambert replied that the park plan would need to be changed. Riley Lake Road would not be in the location as currently presented. Lambert added that if the boat launch were located to the north it would of vital importance to heavily screen the area along the northern property line. Pidcock asked how much time would be involved if this were to go through a condemnation process. Pauly replied that r a "quick-take'• process could begin within 60 days. City Council Minutes 25 March 13, 1990 Tenpas asked how much a condemnation process would cost the City. Pauly replied that appraisers and commissioners would cost approximately $20,000 to $30, 000. Pidcock believed that it would be in the best interest of the City to reach an agreement and enter into a purchase agreement. Tenpas stated that he was comfortable with the purchase price per acre; did not see the 0.8-acre as a problem; the wording in Condition 2 should be changed to eliminate the word "never" ; concurred with the rest of the Council regarding Condition 3 that Jacques should not be granted final approval of the plans; on Condition 6: the taxes should be paid by Jacques; Conditions 5 and 7 were liability issues for the City; Conditions 8, 9, and 10 were tine as presented. Tenpas further recommended that the wording in Condition 2 be changed to reflect that the City would make every effort possible to keep the boat launch from the northern location. Lambert recommended that the word "never" be removed and it be noted that the City would try to purchase the necessary parcels to the south. Peterson recommended that Condition 4 be worded to set a time limit of May 1991 and believed that Condition 6 could be negotiable. s MOTION: i. Tenpas moved, seconded by Pidcock to approve negotiations for a final purchase agreement based on the revision of the Conditions as noted during the discussion above. F. Report of Direc&or of Public Works G. Report of Finance Director XI. NEW BUSINESS XI I. ADJOURNMENT f The meeting adjourned at 10:45 PM. i i t