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City Council - 10/02/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES Y -TUESDAY, OCTOBER 2, 1990, 7:30 P.M. CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive IC OUNCILMEMBERS: 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, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick TLEDGE OF ALLEGIANCE .ROLL CALL All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Anderson, to approve the agenda. l Anderson requested the addition under X.A. Councilmembers Reports: (2), Recycling of Plastics. Pidcock requested the addition of (3), Hunting, and (4) Townline Road. Tenpas requested the addition of (5), Historical Cultural Commission. Harris requested the addition of (6), Status Report of Tax Increment Financing. Peterson requested that III.C., be continued for one month at the request of the Waste Management Commission. Jullie requested that Item III, F., on the consent calendar should be continued to October 16. Motion to approve the agenda as amended carried 5-0. II. MINUTE A. Special City Council Meeting held Thursday, September 13, 1990 MOTION Pidcock moved, seconded by Anderson to approve minutes of the Special Council meeting of September 13, 1990. i A City Cotincil :Minutes 2 October 2, 1990 Peterson said on page 2340, fifth paragraph, fifth sentence should read, "There was less contact with City Hall and that 1/3 was dissatisfied with the nature of the responses from the City." Minutes of the Special City Council Meeting approved as amended 5-0. III. CONSENT CALENDAR A. Clerk's License Dist B. 2nd Reading of Ordinance No. 35-90 - Amending Distribution of Lawful Gambling Proceeds C. 2nd Reading of Ordinance No. 30-90 - Compostinst Ordinance (continued to November 13) D. Resolution No. 90-225, Appointing Election Judges to Serve at the General Election to be held November 6. 1990 E. PRESERVE SOUTH by BRW, Inc. Resolution (Resolution No. 90-246 - Denying 2nd Reading of Ordinance No. 17-89-PUD-4-89 - Project Withdrawn) F. Award Contract for Southwest Area Sanitary Sewer, I.C. 52-197 and I.C. 52-198 (Resolution No. 90-248) (continued to October 16) G. Approve Final Plat for Fairfield of Eden Prairie 3rd Addition (location west of County Road 4 and north of Cedar Ridge Elementary School (Resolution No. 90-249) MOTION Anderson moved, seconded by Pidcock, to approve the Consent Calendar. Approved 5-0. IV. PUBLIC HEARINGS A. 1990 ASSESSMENT HEARING (Resolution No. 90-242) Continued Public Hearing from September 18, 1990 Jullie said staff had been working to resolve two special assessments which were continued from September 18, 1990. Dietz said there were two parcels continued for further discussion. The first item was 16-33-0004, Red Rock Shores. The amount of $20,333.90 was a corrected amount based on conversations with the developer. The original amount had been $33,597.20. The second item was 25-32-0002, the Moorhead Addition. Dietz stated that the Moorheads had sold their property to a developer who had subdivided it. The preliminary engineering report of October 3, 1989 a a t City Council Minutes 3 October 2, 1990 identified the additional amounts of special assessments. The rate was $3,000 per acre for the subdivision and that was what the $4,330.00 represented. Dietz said on 18-23-0001, the Schroer's Addition, had preliminary approval on the development concept for the property and in the initial assessment the proposed amount was $289,000.00. However, only a portion of it was being platted so the amount of $76,500.00 reflects only the amount that was being final platted at present. Dietz said the three parcels shown to be assessed at $520.00, 21-11- 0020, the Seifert property, 21-14-0001, the Sword property, and 21- 41-0001, the Kottke property, were inadvertently left off at the first assessment hearing, but that all property owners had been sent proper notice. There were also five parcels eliminated from the exhibit of September 18 which were properties that had homes on the Bluff Road project. These properties had been through the hearing process two years ago. Dietz referred to the last page of the Resolution, and said one of the parcels had been paid and therefore eliminated. The three properties from the Eden Road area had been picked up on a deferred assessment account, Teman, Loerzel and Kooiman. The final resolution from five years ago was reviewed, and it had been found that the special assessments were deferred until final development instead of i for five years, so those properties had been eliminated as well. There were no comments from the audience. MOTTO Pidcock moved to adopt close the public hearing and adopt Resolution 90-242. Seconded by Anderson. Motion approved 5-0. B. HEDQUIST ADDITION by Don Hedquist. Request for Preliminary Plat on 3.9 acres into 5 single family lots and road right-of-way with variances for lot frontage on a public road to be reviewed by the Board of Appeals. Location: 12900 Gerard Drive. (Resolution No. 90-247 - Preliminary Plat) Jullie said that notice for this public hearing was mailed to 33 property owners in the project vicinity. Frank Cardarelle, representing Don Hedquist, explained the details of the project. He said that 33 feet had been acquired from the Hansons, neighbors at 13008 Gerard Drive, to clarify the deed regarding the property line joining the property. In addition to the plat approved by the Planning Commission he presented an alternate plan for the road, cul-de-sac, and placement of the house on one of the lots, which could result in the saving of some oak trees in the area. a r 9 City Council Minutes 4 October 2, 1990 Barbara Kaerwer, 12800 Gerard Drive, spoke in favor of the alternate plan and said that if this plan were approved, the Kaerwers would dedicate 50 feet along the west of their property to the City for open space and also donate an easement up to Gerard Drive. Enger said the Plan A, the first plan, had been reviewed by the Planning Commission. The new plan presented at the Council meeting would be referred to as Plan B. Plan A with the "flag lots" was arrived at through a process of elimination by the developer in order to provide a subdivision that met all City codes and ordinances. That meant bringing a public road to the north of the rroperty to provide a public frontage to all lots without variances. The problem with adhering to the code on the site was that it decimated the site's natural features because of the grading required on the slopes. The developer explored other avenues in order to preserve trees. The reason for the three flag lots entering the cul-de-sac was that the City's experience with private roads being shared by several property owners had not been good. This was the reason for the code requiring access to a public street and the flag lots provided this access. The decision of the Council with the two plans presented would be whether to retain public access to the lots through some width of a flag, or whether to allow a separate lot which would require sharing of a private drive in the future. The Planning Commission supported moving the development as far west and north as possible in order to save trees, and the dedication by the developer of the land as shown on Plan B, along with the dedication by the Kaerwers of the 50 feet of their property, would accomplish this goal. Enger said the Planning Commission reviewed the item on September 10, 1990 and recommended approval of the proposed preliminary plat as shown on Exhibit A, subject to the recommendations of the staff report of September 7, 1990 among which were: (1) a modification of the storm sewer location; (2) submission of a tree replacement plan for approximately 261 caliper-inches; (3) prior to final plat, detailed utility and storm water runoff and erosion control plans be reviewed by the City Engineer and Watershed District. A specific building plan for a building on Lot 5 was also required if Plan A were to be adopted because the Planning Commission questioned whether or not a house could be built on this location. If there were to be a modification of Plan A, that requirement would not be necessary. Lambert said that the Parks, Recreation and Natural Resources Commission reviewed the proposal at the September 7, 1990 meeting. It recommended approval by a unanimous vote of 5-0 of the proposal as presented in Plan A with revisions which were closer to Plan B. The recommendations were for narrow flag lots, and depicted a 50- foot dedication. P City Council Minutes 5 October 2, 1990 i Peterson asked Enger for information concerning tlhree ten-foot flag lots terminating on Gerard Drive instead of at the cul-de-sac. Enger said there would be 300-400 more feet of private roadway and the homes would not be easily visible from a public .service standpoint, for police surveillance or snow plowing, for example. The addresses would not be easily visible from the public road. the more the public road is extended into the property, the more public services are available because the private drive is shorter. Anderson asked about some options in order to save the trees. He asked if it could be a private drive all the way to Gerard until such time as the Hanson property would be developed, acid it would become a public road upon development. Enger said that if there was interest in the private drive, staff would need two weeks to examine the issue of a full private road system. Peterson said he would prefer the staff to review tlhe issue and make a recommendation to the Council. Anderson said that Hedquist could be given the grading permit at the time of first reading so it would not delay the project further. :►MOTION Pidcock moved to continue this item until the October 16 Council meeting. Seconded by Anderson. Karen Hanson, 13008 Gerard Drive, said that she had not seen Plan B previous to the Council meeting. She said that they had found out earlier in the year that they owned the Beckman driveway, which Hansons subsequently sold to them. She was concerned about the new location for the cul-de-sac and the fact that it did not fit well, and that perhaps additional property from the Hanwns would need to be accessed. She said that there were Norway pines planted on the Hanson property which would be destroyed if the property needed to be accessed. She disagreed that Plan B was simply a revision of Plan A and believed it should be viewed as an additional platting. Anderson asked if the Council was obligated to opema another public hearing if it made a change in the plan. Enger said this was a matter of some discretion for the Council. If it would be decided that the changes were not significant, another public hearing would not be required. If the Council determined the changes were significant and changed the character of the plat, the appropriate procedure would be to refer it back to the Planning Commission, the Planning Commission would hold another public hearing on the preliminary plat, and then the Council would review that plat. City Council Minutes 6 October 2, 1990 t 1 here were no furLher coot 11eaLs from the audience. Motion to continue this item to October 16 approved 5-0. C. PRELIMINARY APPROVAL TO THE ISSUANCE OF APPROXIMATELY $6,000,000 IN REFUNDING BONDS FOR EDEN COMMONS APARTMENTS PROJECT (Resolution No. 90-252) Jullie said official notice for the public hearing was published in the September 20, 1990 issue of the Eden Prairie News. The City Attorney's Office and Mr. Frane had reviewed and approved the draft of Resolution No. 90-252. There were no comments from the audience. MOTION Harris :roved to close the public hearing and adopt Resolution No. 90- 252. Seconded by Pidcock. Motion approved 5-0. D. FINAL APPROVAL FOR $14,850,000 IN REFUNDING BONDS FOR WELSH PARKWAY APARTMENTS (Resolution No. 90-253) Jullie said that notice for this public hearing was published in the September 20, 1990 issue of the Eden Prairie News, The City Attorney's office and Mr. Frane had reviewed and approved the draft of Resolution No. 90-253. There were no comments from the audience MOTION Pidcock moved to close the public hearing and adopt Resolution No. 90-253 authorizing $14,850,000 in refunding bonds for the Welsh Parkway Apartments. Seconded by Tenpas. Motion approved 5-0. V. PAYMENT OF CLAIMS Pidcock moved the payment of claims, seconded by Anderson. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". VI. ORDINANCES AND RESOLUTIONS A. Resolution Ng. 90-251, to Recommend to the Suvreme Court Advisory Committee on the Rules of Criminal Procedure to Rescind the Amendments to Minnesota Rules of Criminal Procedure 8.04 and 11.07 Jullie referred to-a memo from the City Attorney's office dated September 19, 1990, adoption of Resolution No. 90-251 calling upon the i r p City Council Minutes 7 October 2, 1990 State Supreme Court Advisory Commission to rescind on certain rule changes related to the conduct of omnibus hearings in criminal prosecution proceedings. If left unchanged, the new rules could result in substantial increases to the annual cost for prosecution of an estimated $50,000.00. The City's experience had been that cases usua.11y settle without the need for omnibus hearings. Harris asked if any other cities were making recommendations on this issue. Jullie replied that the City of Bloomington was taking a major role in leading opposition to this rule. The opportunity for an omnibus hearing would still be there, but it was the requirement for an omnibus hearing that would cost extra money. MOTION Harms moved the adoption of Resolution No. 90-251, recommending to the Supreme Court Advisory Committee rescind the amendments to Minnesota Rules of Criminal Procedure 9.04 and 11.07. Seconded by Anderson. Pidceck said she would like to be updated on this issue as to what other cities did on it. Motion approved 5-0. ( VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Rottlund Development Residents regarding Trailway Systoem on Kimberly Land and Traffic Affecting Evener Way and Kimb-erly Lane (Continued from September 4, 1990) Jullie cited Lambert's memo dated September 27, 1990 in the packet presenting the findings regarding the possibility of providing the requested trail connection from the Rottlund Development neiglhborhood to the trail around Mitchell Lake Marsh. Lambert said that Rottlund was asked for access on lots 18 and 19 as there was no direct access at the present time. Rotter said he was not interested in an easement but later said he would sell an easement for $20,000 if the City would provide the trail. MOTION Anderson moved that staff investigate the possibility of purchasing a lot, put through the easement, and sell the lot and that this plan be reviewed by the Parks, Recreation and Natural Resources Commission. Seconnded by Pidcock. Harris asked about the price of the lots. Lambert said he had not been able to find information on the selling price. Lambert said his concern was that the lots were large. The easement could be nut 1 F City Council Minutes 8 October 2, 1990 exact17 on the lot line, but Mr. Rotter might claim that it would devalue the adjacent lot. Anderson said it was questionable how feasible it was to build on the lots because of the amount of fill on theme, so this should be taken into consideration. Julia Foote, 7603 Kimberly Lane, said many people in the neighbworhood were concerned about the issue. She believed the pathway was very important to the neighborhood for the safety of people to access the area and to prevent people from trespassing on private property to get to it. There were no further comments from the audience. Motion approved 5-0. Gray went over the traffic volume issues citing the alternatives listed in his memo of September 27, 1990. He said that the traffic that came from the Chanhassen Industrial Park was because there was poor access to the Industrial Park itself. He suggested "No Through Traffic" signs and signs at three curve locations for 20 mph. Ron Harvey, 7335 Hames Way, cited one item that had not been addressed. This was at the corner of Evener and Hames where the traffic around the corner travelled fast. Sabrina Harvey, 7431 Hames way, urged the installation of at least a two-way stop sign at the intersection of Evener and Hames Way. There was a problem with traffic not correctly handling the right-of- way. There had been car tracks through the lavnis, mailboxes being hit, and two months ago she had been struck in a car accident where she had the right-of-way but the person coming around the corner did not, yield it to her. There were no further comments from the audience. MOT1019 Pi&;ock moved receive and approve the Engineering Staff Report of September 27 and that staff recommendation be followed. Seconded by Harris. Dietz said that in the memorandum there was a recommendation to look at the stop sign warrants at the intersection of Evener Way and Hames Way. Motion approved 5-0. r City Council Minutes 9 October 2, 1990 B. Request from Lariat Center Merchants Association Regarding In/Out Access to Lariat Center Jullie said that this request was for better access to the Lariat Center for traffic going west on Prairie Center Drive. Jullie said that the situation was similar to a recent request for a left-turn lane at the Lunds Center which was installed at Lund's cost. If Council determined there should be a left-turn lane at this location, and Jullie requested that this be referred to staff to contact property Gwners in the area Peterson asked about the westbound traffic exitir. g the Lariat Center. Dietz said it would be a left-turn in-only, and to exit traffic would go to Medcom Boulevard and make a left turn on to Highway 169 or turn right to go east on Prairie Center Drive. Dietz said it was possible that traffic turning left into Lariat Center would prevent some of the traffic turning left on to Highway 169 getting through the Intersection on the green light. At the present time the volumes were not heavy enough to consider ti-iis to be a problem. Pidcock said she believed the turn was long overdue and that it was appropriate. Harris agreed. MOTION Pidcock moved to approve the staff report. Seconded by Harris. Motion approved 5-0. Bob Patton, 7531 Superior Terrace, and one of the tenants at Lariat Center, said he did not believe stacking problems would be a problem in the future, and he would prefer that the stipulation of being able to close the left turn lane at a later date be dropped. Corky Riddle, Riddle Hair Styling, also a tenant at Lariat Center, spoke in favor of the left turn lane and said that he would also prefer that the stipulation of being able to close the turn lane at a later date be dropped. There were no further comments from the audience. C. Approve Grading Plan for Edenvall Golf Course Bob Smith, representing the Golf Course owners, reviewed the grading plan for the Edenvale Golf Course. He said that the back s nine holes were flooded 31 days during June and July, 1990, and that the proposed grading plans and the dredging of Purgatory Creek should eliminate this flooding. The impact of this project on the flood plain would be minimal. The plan did not call for the destruction of any trees although there would be moving of some small young trees involved. The schedule would be two weeks for dredging, one week e City Council Minutes 10 October 2, 1990 for installation of the irrigation system, one week to finish the grading, and about a half-week for planting new vegetation in the area. He said that the Watershed District and the Department of Natural Resources had approved the plan. He asked that the City participate in the pond cleaning. The total cost of the project would be $79,000 and the pond cleaning would be a portion of that cost. Dietz said he believed the plan was one that could be approved. He said he was not sure there was money available for participation in the pond cleaning but that he would investigate this. MOTION Pidcock moved to accept the recommendation of staff and direct staff to determine an appropriate level of City participation in the cost of cleaning the sedimentation pond. Seconded by Anderson. Motion approved 5-0. VIII. REPORTS OF ADVISORY COMMISSIONS A. Waste Management Commission - Multi-Family Recycling Leslie Ellis, Chairman of the Was Management Commission, reviewed the highlights of the program for multi-family recycling. Many of these multi-family units were not currently participating in recycling. If these units were to participate in recycling, the recyclable material collected would increase by 20 percent. In meetings with haulers in apartment managers, the haulers and apartment owners emphasized the need to work out the logistics of designing a plan to collect recyclable material which was compatible with individual complexes. According to the haulers, recycling in a complex of 50 units or more should result in a net reduction in cost to that complex. Ellis suggested it might be well to consider an ordinance which required participation by the apartment complex as well as by the hauler, but with enough flexibility to allow the hauler and apartment complex owners and managers to work out the details. Anderson asked what happened with residents who chose not to participate. Dawson said there were 80 percent of the citizens who were recycling. This figure was 80 percent of those served, or those citizens who do not use dumpsters for trash collection. Anderson suggested a goal of getting that figure to 90 percent within a year or two. Peterson asked if the Commission would propose an ordinance to require participation or would it propose making it voluntary. Ellis said that a number of apartment managers were recycling on a voluntary basis. However, his concern of proceeding without an ordinance was the possibility of getting objections from one of three layers: the owner, the manager, and the tenant. e 9 i City Council Minutes 11 October 2, 1990 Harris said she believed voluntary recycling was a better choice. Her preference would be to make the opportunity available. Dawson said the City had a mandatory/voluntary program in that it was mandatory that the service be provided and voluntary that people take advantage of it. He said that by August 1990, the City had exceeded the requirements set by the County to be achieved by year-end 1990. There was a cost incentive for the apartment owners to recycle and Dawson said he believed the voluntary compliance ordinance was better at this time than a mandatory requirement. Peterson suggested that on Page 2443 there be a dated attached to the requirement that each complex would be required to report to the City the recycling program it planned to put in place. MOTION Harris moved to adopt the recommendation of the Waste Management Commission and to refer the recommendation to staff and the Commission for further detail recommendations. Second by Pidcock. Motion approved 5-0. B. Human Rights & Services Commission - Martin Luther King, Jr. Celebration Event Committee Report (continued to October 16) IX. APPOINTMENTS X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. ReR2rts of Councilmembers I. Set Tuesday, October 9. 1990 at 7:30 PM for Joint City Qouncil/Watershed District Meeting Pidcxk moved, seconded by Harris, to set Tuesday, October 9, 1990 at 7:30 PM for the Joint City Council/Watershed District Meeting. Motion approved 5-0. 2. Recyc inst of Plastics Anderson moved that the City send a letter to the County Board of Commissioners strongly urging it to participate in plastic recycling. Seconded by Harris. Motion approved 5-0. 3. Hunting Pidcock said that there were some property owners who had property bordering Chanhassen who had hunters cross onto their property. Property owners would like to know if the Council City Council Minutes 12 October 2, 1990 would consider giving them the right to hunt this year. Jullie said that the ordinance would need to be amended in order to this. Tenpas and Anderson believed that the present ordinance should not be changed and that rights to shoot firearms not be extended. 4. Townline Road Pidcock asked for a states report of the project. 5. Historical Cultural Commission Tenpas moved that a project be set up to identify people who had lived in the community for a long time and gather historical documents and any other historical information they may be able to establish an oral history of Eden Prairie. Seconded by Harris. Motion approved 5-0. 6. Tax Increment Financing Harris asked what the status of the activities of the TIF Committee was at the present time. A separate issue would be looking at the assessments surrounding the construction on Singletree Lane. Dietz said the committee had met a twice and had determined to hold a public meeting on October 24, 1990 at 7:30 PM in the City Council Chambers. Notices had been sent to all property owners in the district and the press. The purpose of the meeting would be to solicit comments from the property owners and get opinions on priorities and other projects that might be important to them. A report should be available in the next 30-45 days. Report of Cif Manager C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Parks,, RCcreation and ,Natal Resources 1. Eurasian Watermilfoil Management Program Lambert presented the Eurasian Watermilfoil Report. Peterson said the report was well-prepared and well done. The only addition he would suggest would be setting a $4,000-5,000 contingency fund aside in the future. Anderson suggested setting up an educational program to inform people who to deal with milfoil. 4 a ¢q� S City Council Minutes 13 October 2, 1990 MOTION Harris moved to accept the staff recommendation. Seconded by Pidcock. Motion approved 5-0. F. Report of Finance Director G. Report of Director of Public Works 1. Award Contract for Lime Sludge Removal and Disposal. I.C. 52-208 (Resolution No. 90-250) Dietz recommended awarding the contract to Ace Blacktop. MOTION Harris moved, seconded by Pidcock to adopt Resolution No. 90-250 and award the contract to Ace Blacktop Company. Motion approved 5-0. XI. NEW BUSINESS XII. ADJOURNMENT MOTION Pidcock motioned to adjourn to special closed executive session to di SCUS S litigation relating to the proposed expansion of the Flying Gould Sanitary Landfill at 10:05 p.m. Seconded by Anderson. Motion approved 5-0. The executive session adjourned at 11:10 p.m.