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City Council - 12/04/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES "4. TIME: 7:30 PM Tuesday, December 4, 1990 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: 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 i PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Gary Peterson, Richard Anderson, Jean Harris, Douglas Tenpas. Absent: Patricia Pidcock. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ( Tenpas moved, seconded by Anderson, to approve the agenda. Tenpas requested the addition of the following items to Item X.A. Reports of Cou ncilmembers: (1) Liquor Store; (2) Future Cash Flow Projections; (3) Issue of the Tie Vote for Council Vacancy; (4) Fourth of July. Motion to approve the agenda as amended carried 4-0. II. MINUTES A. City Council Meeting held Tuesday. November 13, 1990 Anderson moved, seconded by Harris, to approve minutes of November 13, 1990. Approved 4-0. B. Special City Council Meeting held Tuesday, November 20, 1990 Tenpas moved, seconded by Harris, to approve the minutes of the Special Council Meeting of November 2U, 1990. Harris requested that on Page 2 of the Minutes, Page 2720 of the Packet, the third paragraph, first sentence should read "Harris said she believed City Hall should be near or proximate to a commercial area and for this reason she favored the Teman site with her second choice being the MTS site." 1' Minutes approved as amended 4-0. City Council Minutes 2 December 4, 1990 C. City- Council Meeting held Tuesday. November 20, 1990 Tenpas moved, seconded by Anderson, to approve the minutes of the Regular Council Meeting of November 20, 1990. Harris requested that on Page 5 of the Minutes, Page 2726 of the packet, regarding Yvonne Hargens's letter about the need to recycle cardboard at the City's liquor stores, that either a copy of the letter or the date and contents of the letter should be included in the minutes. Dawson said he would provide a copy of the letter to be included with the minutes. Minutes approved as amended 4-0. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 40-90, Rescinding Ordinance No. 31-90, Regarding Land Subdivisions Around Flying Cloud Landfill C. Agreement with Goodwill for Recycling Center in 1991 D. Community Center Maintenance and Repair Requests E. Resolution No. 90-275, Authorizing the Substitution of the Original Mortgage with F.H.A. Insured Mortgage for Edenvale Apartments Project Multi-Family Bonds MOTION Anderson moved, seconded by Harris, to approve the Consent Calendar. Motion approved 4-0. IV. PUBLIC HEARINGS A. VILLAGE KNOLLS by Argus Development. Request for Planned Unit Development Concept Review on 42.7 acres, Planned Unit Development District Review with waivers on 8.7 acres, Zoning District Amendment within the R1-13.5 District on 8.7 acres. Adopt Resolution No. 90-167, Preliminary Plat on 42.7 acres into 23 single-family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. (Ordinance No. 21-90 - Zoning District Amendment; Resolution No. 90-166 - PUD Concept; and Resolution No. 90-167 - Preliminary Plat) Continued Public Hearing from October 16, 1990. Jullie said this was a continued public hearing from late spring. 9 E 0 City Council Minutes 3 December 4, 1990 Brian Olson representing Argus Development and Joe Miller Homes, as well as Wally Hustad of Hustad Development Company, spoke regarding the project. He explained how the project came to be a joint development with the two corporations, and explained the details of the project with the use of maps and drawings. He said the plan was to grade the site in the spring of 1991 with building to be done over the next two years. Enger said the Planning Commission reviewed this project at its May 11 and May 25, 1990 meetings. The initial plan reviewed by the Planning Commission depicted variances for street frontage, lot size and shoreland setback. The plan also showed encroachment into the Purgatory Creek Conservancy area. The Planning Commission recommended initially that the plans be returned to the proponent with direction to revise the site plan to comply with the Shoreland Ordinamce requirement, minimize encroachment in the Purgatory Creek Conservancy area, reduce the amount of tree loss, and reduce the number of waivers requested through the PUD. At the May 25, 1990 meeting the Planning Commission recommended approval of the project subject to revisions prior to review by City Council. These changes include: (1) reduction of grading near the Creek; (2) Tree replacement; (3) storm drainage; (4) sidewalks; (5) trails. There changes were completed prior to City Council review. Lambert reported that the Parks, Recreation and Natural Resources Commission reviewed the proposal at its May 25, 1990 meeting and recommended approval with the addition of reduction of grading within the Creek corridor; requiring a 40-foot outlot for the trail from Homeward Hills Road to the Creek valley; a commitment from Hustad that at the time he applied for the plat he would be willing to construct the trail from Homeward Hills Road to the bridge; provide a landscape plan that would show regrading of any slopes F that would be disturbed adjacent to the Creek and how the reforesting would be done; and insure that the trail could be constructed within the proposed outlot that within the City's 10 percent air less grade requirement. This was approved at the May 25, 199C meeting on a unanimous vote. Andersen asked where the trail crossing would be. Olson indicated on the map that it would be at the very north end of the subdivision. Lambert said it would cross the creek at the existing bridge. Lambert said this could work only if the development company was willing to do the grading. Andersen asked if there was access into the Creek corridor at this point and what the plans of the City were for an entrance to this area. Lambert explained that this was an entrance from Homeward Hills Park with access from the parking lot. Anderson requested that this entrance be designated on the maps and plans. f City Council Minutes 4 December 4, 1990 Anderson asked what the timing was on the project. Lambert said there was a commitment to Mr. Hustad that the City would not build a trail that went up and down the Creek valley until 2002. Hustad would be building the creek crossing within two years with several of his other developments. Harris asked why the City would not be building its portion of the trail until 2002. Lambert said the City's commitment was on building the trail from County Road 1 south to Riverview Road. The City did not believe it was prudent to develop the trail until such time as it could be maintained and patrolled. Peterson asked if any of the ravine reconstructions were within the ConsAervancy area. Olson pointed out three areas which would be filled in for house pads. Peterson asked staff what the construction problems would be with putting a house in the area. Enger said that he believed it would not be a good idea to build a house in such an area; however, the lots had been arranged in iiuch a way that the lots would split the ravines rather than having one lot in the middle of the ravines. This revision would allow houses to be built with deep walk-outs on each edge of the ravine. The amount of fill in the ravines had been reduced and would result in special. construction .necessary for the houses to be built on either side. Anderson said he disliked filling in lots and possibly destroying the natural character of the Purgatory Creek valley. Enger replied that the original request was to fill across the ravines. The current request was to shorten the ravines by a few feet. The tip of the ravines in the open field would be filled with approximately eight feet of fill. The balance of the ravine in the wooded area would be retained and houses built in either side. He said that he believed the character would be retained in the creek valley. Peterson asked about the justification for the variances on the two northerly lots adjacent to Homeward Hills Road. Olson said that the variances were for two lots that would share a common driveway. Peterson said he had a serious concern about a common driveway and turnaround areas in front yards because of a problem in the City where the blacktop had become a place to park old cars and was no longer a turnaround. Tenpas said that details such as the turnarounds could be addressed later as the plan at this point was only a concept. There were no comments from the audience. MOTION! Harris moved to close the Public Hearing and approve the First Reading of Ordinance 21-90 for Zoning District Amendment. Seconded i by renpas. Motion approved 4-0. i City Council Minutes 5 December 4, 1990 MOTION Harms` moved adoption of Resolution No. 90-166 to approve the PUD Concept. Seconded by Anderson. Motion approved 4-0. MOTL'0►N Harris moved adoption of Resolution No. 90-167 approving the preliminary plat and to direct staff to prepare a Development Agre•ernent incorporating Commission and staff recommendations. Seconded by Anderson. Motion approved 4-0. V. PAYMENT OF CLAIMS Anderson moved the payment of claims, seconded by Harris. Peterson asked about the billing for Grant Merritt & Associates Ltd. for October of $9,437.93. Jullie said this was for work done prior to the formal withdrawal action by the PCA in the latter part of October. It was work done on behalf of the homeowners and the City. Jullie suggested that perhaps that the relationship with Mr. Merritt could now be formailly severed. Peterson asked staff to recommend disposition of this iterm at the Council meeting of December 18, 1990. Roll Call vote: Anderson, Harris, Tenpas, and Peterson all voting "AYE". VI. ORDINAN-CES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Agricultural Prgserve Desirtnation Jullie said that Mr. Marshall was out of town and therefore requested that this item be continued to December 18, 1990. Anderson moved, seconded by Tenpas, to continue this item to December 18, 1990. Motion approved 4-0. VIII. REPORIS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. 'L Aptsg!intments to the Southwest Metro Transit Commission (1 Counailmember to fill a one-year term and 1 representative for a three—year term) F Coun(-_il agreed to wait until two appointments could be made to this Commission. City Council Minutes 6 December 4, 1990 X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Liquor Store Tenpas said he believed that there could be imp—,--ment i-^ the appearance of the Municipal Liquor Stores if there were a dress code for employees and a little more care given to the facilities. Be requested that staff make a recommendation to Council on this matter. He also asked if anything had progressed on locating the Municipal Liquor Store in a Major Center Area location. Jullie said that a consultant has been retained but did not have a report at the present time. He would follow-up and report to Council. 2. Future Cash Flow Projection Tenpas asked staff to put preliminary information together for a special Council meeting for the purpose of revenue forecasting taking into account the recession and the budget shortfall at the State level 3, Tie Vote Regarding Council Vacancy Tenpas said he would like to defer this item until all Council members were present. 4. Fourth of Jul Tenpas said he would like to have staff investigate the possibility of having a Fourth of July parade and other events such are a bike race or marathon. B. RerAprt of City Manager C. Report of City Attorney D. Revort of Diregtor of Planning En ger said that it appeared that the City would start 1991 with some development projects. At the first meeting in January the Northwest Racquet and Swim club was expected to come with an application. Also expected were applications for an Amoco Service Station, an amendment to the Fairfield residential PUD, and KMSP Corporate Headquarters. It also appeared as if the Vikings were ready to move forward with their fieldhouse in 1991. E 9 City Council Minutes 7 December 4, 1990 f E. Report of Director of Parks, Recreation and Natural Resources F. Report of Finance Director G. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT MOTION Tenpas motioned to adjourn at 8:25 p.m. Seconded by Harris. Motion approved 4-0. b k f i 1 i i l d