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HomeMy WebLinkAboutCity Council - 01/19/1993 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 19, 1993 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCH MEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. PRESENTATION BY AND RECOGNITION OF CIRCLE OF F.I.R.E. GROUP (Friends Igniting Responsible Environments) Council commended representatives from the Circle of F.I.R.E. for their efforts and willingness to take on the responsibility in their school community. Students and teachers from Eden Prairie High School explained their program which focused on a promoting unity and a drug-free environment in the school. Mayor Tenpas presented each of the students with sweatshirts bearing the logo for the Circle of F.I.R.E. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.I., Compliments to Staff Regarding Cooperation with Schools;Item X.A.2.. Response to Letters Regarding the Cross Burning; and Item X.A.3., Ethics Policy for Council Regarding Acceptance of Gifts. Jessen added Item X.A.4.,Policy Regarding School District Contract Disputes. Jullie added Item X.B.2. Firefighters Relief Association Pension Fund; Item X.B.3., Progress Report on Consultants for Proposed Flying Cloud Airport Expansion; and Item X.F.I.. Authorization to Execute Agreements for CPT Building Purchase. MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended. Motion carried unanimously. H. MINUTES A. City Council Meeting held Tuesday, December 15, 1992 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the December 15, 1992, is Council meeting as submitted. Motion carried unanimously. City Council Minutes 2 January 19, 1993 0 B. City Council Meeting held Tuesday. Tanuary 5, 1993 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the January 5, 1993, Council meeting as submitted. Motion carried unanimously. M. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance #4-92 Amending the City Code Relating to Delinquent Taxes in Connection with Granting Liquor Licenses and Adoption of Resolution #93-12, Authorizing Summary and Publication C. Resolution #93-13. Assuming Responsibility for Terms of Permit Issued by Hennepin County Regional Railroad Authority for Crossing of Corridor by Candlewood Parkway D. Resolution #93-14, Authorizing Disposal of Tax Forfeited Properties E. CARMODY SUBDIVISION by Thomas and Grace Carmody. 2nd Reading of Ordinance requesting Rezoning from Rural to R1-13.5 on .86 acres; Adoption of a Resolution Authorizing Summary of an • Ordinance and Ordering Publication of Said Summary. Location: 8595 Mitchell Road. (Ordinance #1-93, Rezoning from Rural to R1-13.5 and Resolution #93-15, Authorizing Summary and Publication) F. OAK POINT SCHOOL by Eden Prairie School District. 2nd Reading of an Ordinance requesting a Zoning District Amendment in the Public Zoning District; Adoption of a Resolution, Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for Oak Point School. Location: 13400 Staring Lake Parkway. (Ordinance#2- 93, Zoning District Amendment; Resolution #93-16, Authorizing Summary and Publication; Resolution #93-17, Site Plan Review.) G. 1501 PARTNERSHIP - BURNET OFFICE BUILDING by 1501 Partnership. 2nd Reading of an Ordinance requesting a Zoning District Amendment in the Office Zoning District on 1.6 acres; Approval of a Developer's Agreement for 1501 Partnership Office Building; Adoption of a Resolution, Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for 1501 Partnership Office Building. Location: Highway 5 and Terrey Pine Court. (Ordinance 0-93, Zoning District Amendment;Resolution#93-18,Authorizing Summary and Publication; Resolution #93-19, Site Plan Review.) H. Resolution #93-20, Proclaiming February 1993 as "Eden Prairie Loves Its Kids" Month I. Resolution #93-21, Refinancing the Richard W. Cohen Industrial Development Project in the amount of$890,000 J. 1993 Budget for Drug Forfeiture Fund and Cemetery Fund . City Council Minutes 3 January 19, 1993 • K. Approve November 1992 General land Budget Status Report L. Set Board of Review Meeting for Thursday, April 22, 1993 at 7:30 PM: Tuesday, May 11, 1993 7:30 PM to Reconvene Board of Review., and Appoint Members to the Special Board of Review Dr. Richard Axel asked to speak regarding Item G., Burnet Office Building. MOTION: Pidcock moved, seconded by Anderson, to approve items A. - F. and H. - L. of the Consent Calendar. Motion carried unanimously. Dr. Axel, 7825 Terrey Pine Court, expressed continued concern regarding the potential for traffic problems from drivers accessing the property directly from Highway#5 at 55 miles per hour. He said the plans had not been altered as had been agreed to at the previous meeting. Enger said the Developer's Agreement contained a provision that the safety issue be satisfactorily handled. Dietz explained that the recommendation from Staff was construction of a right-angle turn within the parking lot to force traffic to slow down from Highway #5. Axel agreed with Staff s recommendation. MOTION: Jessen moved, seconded by Harris, to approve item G of the consent calendar with a right- angle turn into the parking lot from Highway #5. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS • A. RIVERVIEW HEIGHTS by Hustad Development for Rezoning from R1-22 to R1-13.5 on 4.69 acres and Preliminary Plat of 26.26 acres into 19 lots and 1 outlot. Location: South of Riverview Road. (Ordinance for Rezoning and Resolution #93-22, for Preliminary Plat) At the December 8, 1992, meeting, the Council requested more information on the project. The proponents' engineer, Randy Hedlund of Hedlund Engineering, explained revisions to the plan involving storm water drainage and explained construction and erosion control protection measures for the development. Dietz said the Developer's Agreement would require specific grading plans for each home site on the property. With respect to bonding requirements, Dietz explained that, after Staff evaluation of the unusual soils conditions and drainage considerations for the property, the bond amount was set at $100,000. By comparison, typical development of this size would require a bond of$30,000. Dietz addressed the erosion between the Brown and Schlampp properties, noting that this would be repaired, at City's expense, during the construction of the utilities on this site. With respect to the City's ownership of land along the east side of the property, Dietz explained that the City had received a quit claim deed for the three parcels in 1956 and that the deed contained no restrictions for use. He said the City began calling the "strip" of land Valley Oak Drive and that the use of the parcels had historically been as a road. After checking with the City Attorney, it was determined that an easement would be the best instrument to provide access to the house on the east end of this development. City Council Minutes 4 January 19, 1993 • Dietz reported that his recent conversation with Williams Bros. Pipeline Co. revealed that they recognized the strip of land never was a road, but rather that it was private property. If allowed to use the property for access to its pipeline, Williams Bros. said it would expect to repair the driveway, in the event they caused damage. In addition, Williams Bros. would be willing to work with the property owner to design the driveway to handle their vehicles and to pay for the added expense to do so. Raliegh Crawford, attorney for the Brown family, said they agreed to work with Williams Bros. as the company had proposed. Laura Bluml, 10540 Riverview Road, asked for explanation of drainage design, what guarantees existed to assure that the revegetated areas would grow, how access to the private driveway in the City-owned strip of land would be limited, and how the trail would be affected by the driveway. Hedlund explained the drainage plans. Dietz said the revegetation would be covered by the required bonding for the project and added that the access would be designed as a driveway which, for practical purposes, would discourage use by the public. Lambert indicated that the trail would be in the form of a sidewalk and would be unaffected by the proposed driveway. Ed Schlamnn, 10901 Riverview Road, neighbor to the project, expressed his satisfaction with the development and his belief that the amount of time spent on the details of this development had provided for an excellent project which respected the environment. MOTION: Jessen moved, seconded by Harris, to: • 1) Close the public hearing; 2) Approve the 1st reading of the ordinance for rezoning; 3) Adopt Resolution #93-22, approving the preliminary plat; and 4) Direct Staff to prepare a Developer's Agreement incorporating Commission recommendations, Staff recommendations and the following: a) Watershed District approval of the project be accomplished prior to second reading of the ordinance; b) the exact route for the sidewalk trail along the east side of the property be designated; and, c) a private easement be granted by the City to the homeowner in the southeast portion of the property. Motion carried unanimously. B. BEARPATH by Sienna Corporation for Rezoning from Rural to R1-13.5 on 38 acres and Preliminary Plat of 420 acres into 77 single family lots and 12 outlots. Location: North of County Road 1 and west of Dell Road. (Ordinance for Rezoning and Resolution #93-23, Preliminary Plat) Rick Packer, Sienna Corporation, presented the detailed plans of the development proposal. Enger said the Planning Commission recommended approval of the item at its December 14, 1992, meeting; Lambert said the Parks, Recreation and Natural Resources Commission recommended • approval at its meeting on December 21, 1992. There were no comments from the audience. City Council Minutes 5 January 19, 1993 • MOTION: Jessen moved, seconded by Pidcock, to: 1) Close the public hearing; 2) Approve 1st reading of the ordinance for rezoning; 3) Adopt Resolution #93-23, approving the preliminary plat; and 4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Jessen, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson,Harris, Jessen,Pidcock,and Tenpas voting"aye." VI. ORDINANCES AND RESOLUTIONS A. 1st Reading of Trapping Ordinance • Jullie summarized the committee findings and recommendations regarding wildlife management within Eden Prairie and explained the stipulations of the proposed ordinance. Charlotte Cozzetto, 14220 Towers Lane, and Linda Hatfield, Issues Coordinator of the Friends of Animals and Their Environment (FATE), both members of the committee, and Richard Laybourn, a resident of Bloomington who worked in Eden Prairie, expressed their concerns about the dangers and cruelty of leghold traps allowed by the proposed ordinance. Raymond Rau 11973 Chesholm Lane, spoke in favor of leghold traps. Councilmembers asked about substituting another type of trap for leghold traps. Rau explained that leghold traps could be reused, whereas others could not, which made the use of other traps much more expensive for trappers. During further discussion, Councilmembers expressed strong feelings about the negative impacts of leghold traps, particularly in an urbanized area, noting that Eden Prairie was still in transition from rural to urban in parts of the City. MOTION: Jessen moved, seconded by Harris, to approve the lst Reading of the Wildlife Management Ordinance with the following changes: a) No leghold traps would be allowed; b) the boundaries for trapping would be the same as those allowed for hunting; and c) signs would be posted to warn of the location of traps. Motion carried unanimously. I*Mayor Tenpas declared a recess at 9:35 p.m.; the meeting was reconvened at 9:45 p.m. City Council Minutes 6 January 19, 1993 evil. PETITIONS. REQUESTS AND COMMUNICATIONS A. Hidden Ponds Outlots & Trails Status Lambert reported that the status of ownership and condition of trails in the Hidden Ponds 1st and 2nd Additions, noting that the issue had been locally controversial for a number of years. He presented a proposal for acceptance of the trails by the City and discussed plans for upgrading the trails. The only portion not recommended for City ownership and improvement was the section located north of South Shore Drive within Outlot A of Hidden Ponds 1st Addition. This was based on the desires of the homeowners upon whose property that portion of the trail was located. Lambert said it was important that the City acquire ownership to the trails and that the homeowners in the two subdivisions agree to accept assessments for the improvements made to the trails before any improvements were made by the City. Jim Swezey, 18204 Valley View Road, and Judy Smith, 7129 Ticonderoga Trail, spoke in favor Lambert's proposal and in favor of keeping the portion of trail within Outlot A of Hidden Ponds 1st Addition. Terrie Thimsen, 7040 Park View Lane, and Al Forsman, 18180 South Shore Lane, also spoke in favor of Lambert's recommendations. Councilmembers expressed strong reservations against abandoning any trail within the City and • acknowledged that they could be setting a precedent with respect to many other association-owned trails within the community. MOTION: Harris moved, seconded by Pidcock, to authorize Staff to proceed toward obtaining ownership of the trails within Hidden Ponds 1st and 2nd Additions, with the following conditions: a) Prior to any improvements, the trails shall be in the ownership of the City; b) Homeowners within the two subdivisions shall agree to assessment for the improvements; and, c) All other possibilities be explored before abandonment of the trail in Outlot A, Hidden Ponds 1st Addition is allowed. Motion carried unanimously. B. Eden Prairie Land Trust Requests 1. Request for Support and Partici ap tion Jullie explained that the Eden Prairie Land Trust (EPLT) had requested City support and participation in its fund raising efforts, public relations, outreach, and legal assistance. The Parks, Recreation and Natural Resources Commission concurred with Staff recommendation that the City should support EPLT in these efforts, as long as it was clear that the City would not take a "lead role" in any one of the four areas. Councilmembers agreed it was imperative to remain cognizant of the need to carefully define staff availability to the EPLT since any City involvement could lead to an interpretation by the public that e it was, indeed, a city project. They expressed a strong desire to facilitate the EPLT in obtaining public grants,but reiterated concern that the relationship be clearly outlined,particularly with respect to any legal issues. City Council Minutes 7 January 19, 1993 • MOTION: Jessen moved, seconded by Anderson, to support for the Eden Prairie Land Trust (EPLT) and to participate in it's fund raising activities subject to the following understandings: a) The City shall not be a leader in the areas of fund raising, public relations, outreach, or legal assistance, but will support the efforts of the EPLT wherever possible; b) EPLT agrees to contact the Staff liaison to the City Attorney, for any legal assistance required by the City, understanding that lengthy legal assistance would need to be approved by the Council; and c) Any expenditures by the City in support of EPLT efforts shall require Council approval. Motion carried unanimously. 2. Request for Participation of Commission Members in Land and Trust Board The Eden Prairie Land Trust requested that the City Council appoint members of the Planning Commission, Parks, Recreation & Natural Resources Commission, and the Heritage Preservation Commission to the EPLT's Board of Directors. The City Attorney expressed concern that Council appointment of Commission members may give some inference that the EPLT was directly associated with the City and, therefore, the City may assume some liability from the actions of this Board of Directors. Additionally, Commission members may need to refrain from participating in consideration of certain items for which there may a conflict of interest. Councilmembers concurred that the EPLT could request Commission members to serve as private citizens instead of representatives of the City; however, members of the City's commissions would still need to be aware of potential conflicts of interest and act appropriately. • Council directed Staff to draft a memo regarding this issue for all board and commission members. VIII.REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES IX. APPOINTMENTS A.Annointments to Natural Resources Study Committee On December 8, 1992, Council acted to form a committee to conduct a natural resource inventory and evaluate the remaining unique natural areas in Eden Prairie. Staff recommended a list of people to serve on the committee. MOTION: Anderson moved, seconded by Pidcock, to appoint the following members to the Natural Resources Study Committee: David Kracum, Bruce Bowman, and Pat Richard (alternate) from the Parks, Recreation, and Natural Resources Commission; Doug Sandstad and Mary Jane Weisner from the Planning Commission; Art Weeks and Bonnie Peterson from the Heritage Preservation Commission; Howard Kaerwer, Scott Wallace, Diane Lynch (alternate), and Betty McMahon(alternate), from the Eden Prairie Land Trust; and the following "at-large" members including Bob Hallett, Chuck Ruebling, Glen Olson, and Vickie Koenig and Peter George. Motion carried unanimously. City Council. Minutes 8 January 19, 1993 • X. REPORTS OF OFFICERS A.Reports of Councilmembers 1. Compliments to Staff Regarding Cooperation with Schools Pidcock reported that, at a recent Kiwani's Club meeting, the City Staff had been complimented for its cooperation with the Eden Prairie School District. The rapport developed between the two agencies allowed for the sharing of facilities and staff to provide services which neither agency could provide alone. The relationship was commended as a model to be followed for potential future ventures between governments. 2. Response to Letters Regarding Cross Burning Pidcock and other Councilmembers had received letters regarding the cross burning in Eden Prairie. Staff was directed to respond to the letters and to copy the Councilmembers. 3. Ethics Policy for Council Regarding Acceptance of Gifts Pidcock recommended that the Council adopt a policy regarding the reporting of gifts received by Councilmembers and Staff. Councilmembers concurred this would be appropriate and directed Staff • to prepare a policy for their review and adoption. 4. Policy Regarding School District Contract Disputes Jessen noted that the Eden Prairie School District was apparently involved in a union/non-union conflict with contractors on a particular project. He suggested that the Council should be prepared to deal with potential conflicts like this in the future when it begins work on the new City Hall site. Councilmembers concurred that this was an issue which should be discussed at an upcoming work session and directed Staff to add it to the schedule. B. Report of City Manager 1. Eden Prairie Recommendations for South Hennepin Regional Human Services Plan MOTION: Jessen moved, seconded by Pidcock, to endorse the priorities of the South Hennepin Regional Planning Agency for 1993 as presented. Motion carried unanimously. 2. Firefighters Relief Association Pension Fund Jullie explained the request of the Relief Association and expressed concerns about the City's ability to raise revenue to meet their request. Council had directed Staff to be especially fiscally conservative over the next few years knowing the projected financial constraints ahead. In order to • grant the request of the Relief Association, the City would need to ask for a substantial increase in tax levy. Additionally, it would required action by the State Legislature. City Council Minutes 9 January 19, 1993 • Questions were raised by Councilmembers regarding financial constraints, whether the City should insure for disability, and the need for action by the State Legislature. Councilmembers recalled that it had been the City's intention to keep a volunteer Fire Department and to eventually bring the benefits of the Relief Association up to those of the Bloomington Relief Association. It was acknowledged that the Council would have to support and be willing to ask the community to accept an increase in the tax levy, if the request was to be granted. Council directed Staff to return with cost estimates for obtaining equality with Bloomington within ten years and the impact it would have on the City's budget and tax levy in the future. Fire Chief Conrad was asked to provide a report on the cost-saving methods introduced in the City recently. Council then rescheduled the item for continued discussion at the February 2, 1993, meeting. 3. Progress Report on Consultants for Proposed Flying Cloud Airport FMansion Jullie reported that a public relations consultant had been hired and that Staff had begun work with the firm to support its position against the expansion of the Flying Cloud Airport. He recommended that the Council postpone action to hire a technical airport consultant for 30 days to avoid unnecessary expenditures at this time. After discussion, Councilmembers agreed that, while they were unwilling to expend funds unnecessarily, they also wanted to be prepared to respond with technical expertise as soon as • necessary. Council directed Staff to prepare a Request for Proposal (RFP) for a technical expert, part of which would be a requirement to be available immediately upon notification by the City. It was suggested that the RFP should be designed for staged services in order for the City to purchase services on an "as needed" basis. C. Report of Director of Parks, Recreation & Natural Resource 1. Riley Lake Park Lambert explained changes in the timing of the construction of Riley Lake Road and acquisition of parcels needed to complete the park. Joan Thomas, and Tom Owens, Attorney for the Shuldheiss Families, expressed reservations about selling their property and concern that the timing had changed so quickly for development of the park. Both parties asked that City Staff stay in close contact with them regarding the proposed appraisals for their properties and about any meetings or decisions to be made in the future. MOTION: Jessen moved, seconded by Anderson, to authorize Staff to obtain appraisals on each of the sites with homes and that Staff maintain close communication about each step with the homeowners involved. Motion carried unanimously. •MOTION: Jessen moved, seconded by Harris, to extend the meeting to 11:30 p.m. Motion carried unanimously. City Council Minutes 10 January 19, 1993 • D. Report of Director of Community Development E. Report of Director of Public Works F. Report of City Attorney 1. Resolution #93-24, Authorizing Execution of Agreements for Purchase of the CPT Building MOTION: Pidcock moved, seconded by Jessen, to adopt Resolution#93-24, authorizing the Mayor and Manager to execute agreements for the purchase of the CPT building at 8100 Mitchell Road for the new City Hall. Motion carried unanimously. G. Report of Finance Director XI. OTHER BUSINESS XH. ADJOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Harris, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 11:40 p.m.