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HomeMy WebLinkAboutCity Council - 07/06/1993 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DULY 6, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCE 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 PRESENTATION OF MN RECREATION AND PARK ASSOCIATION 1993 AWARD OF EXCELLENCE Ron Schwartz, a representative of the Minnesota Recreation and Park Association presented the 1993 Award of Excellence to the City of Eden Prairie for Senior Awareness Week. •PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson added Items XI.A.1., Storm Damage Report From June, 1993 Rains, XI.A.2., Riverview Bluff Erosion, XI.A.3.. Water Bikes/Jet Skis, and XI.A.4., Canoe Racks; Tenpas added Item XI.A.S., Flying Cloud Airport Minutes Regarding Council Concerns. Dawson added Item XI.D.2. Authorization for City to Execute a Purchase Agreement. MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted. Motion carried unanimously. II. OPEN PODIUM There were no items presented during Open Podium. M. MINUTES A. JOINT SCHOOL BOARD/CITY COUNCIL MEETING HELD MAY 20, 1993 • MOTION: Harris moved, seconded by Anderson, to approve the minutes of the Joint School Board/City Council meeting of May 20, 1993, as submitted. Motion carried unanimously. City Council Minutes 2 July 6, 1993 • B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 150 1993 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting of June 15, 1993, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOWLES PROPERTY by US Homes. 2nd Reading of an Ordinance requesting PUD District Review on 12.06 acres, Rezoning from Rural to R1-9.5 on 45.92 acres, Rezoning from Rural to RM-6.5 on 12.06 acres, Rezoning from Rural to R1-13.5 on 5 acres; Approval of a Developer's Agreement for Sowles Property; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: East of Dell Road, north of County Road 1. (Ordinance #23-93-PUD-6-93, PUD District Review and Rezoning from Rural to R1-13.5, R1-9.5, RM 6.5; and Resolution #93-136, Authorizing Summary and Publication) C. RESOLUTION #93-137, APPROVING PLANS AND SPECIFICATIONS FOR BERGER DRIVE/LAKESHORE DRIVE IMPROVEMENTS, I.C. 52-284 • D. ST. EDWARD'S FIELD by The Pemtom Land Company. 2nd Reading of an Ordinance for Rezoning from Rural to R1-13.5 on 2.44 acres; Approval of a Developer's Agreement for St. Edward's Field; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: West of Tartan Curve, east of CSAH 101. (Ordinance #22-93, Rezoning from Rural to R1-13.5; and Resolution#93-138, Authorizing Summary and Publication) E. RESOLUTION#93-139, APPROVING FINAL PLAT OF ST. EDWARDS FIELD (located at the NE Quadrant of TH 101 and Lotus View Drive) F. RESOLUTION #93-140, AWARDING CONTRACT FOR WATER METERS G. APPROVE SUPPLEMENT TO AGREEMENT WITH TKDA FOR SERVICES TO DESIGN A REPLACEMENT WELL DUE TO TH 212 CONSTRUCTION H. AUTHORIZATION FOR MAYOR AND CITY MANAGER TO SIGN EXTENSION OF LEASE FOR TWO MONTHS AT 7600 EXECUTIVE DRIVE MOTION: Pidcock moved, seconded by Anderson, to approve items A. - H. of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS • A. BLOCKBUSTER VIDEO by Northco Corporation. Request for Zoning District Amendment within the Community Commercial Zoning District on 10.8 acres, Preliminary Plat of 10.8 acres into two lots and Site Plan Review on 10.8 acres with variances to be reviewed by the Board of Adjustments and Appeals. Location: Northwest corner of the intersection of County Road 4 and City Council Minutes 3 July 6, 1993 • Highway 5. (Ordinance for Zoning District Amendment within the Community Commercial Zoning District; and Resolution for Preliminary Plat) Continued from June 15, 1993 Bruce Carlson, Northco Corporation, presented the revised plans. Enger reported that the Planning Commission had recommended denial due to traffic and parking concerns. Councilmembers raised questions regarding parking requirements as related to other retail centers and traffic. The developer had revised the plans to reflect mitigation of the parking issue by providing proof of parking spaces, which brought the parking ratio to the same level of other retail centers in the City. Enger explained the levels of traffic at the intersection of County Road#4 and Highway #5 were currently at Level of Service C or D. He said that the intersection would eventually be at Level of Service F, requiring a driver to wait through more than one cycle of the signals to cross the intersection. Enger added that the Blockbuster Video store would increase the current traffic volume very little. Dick Brown, 7685 Heritage Road, expressed concern about traffic at the intersection, parking availability, sign colors, and pedestrian traffic. Don Lynch, Prairie Courts Center, northeast corner of County Road#4 and Highway#5, discussed the concerns of the existing shopping center on the east side of County Road #4. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to approve 1st Reading of the Ordinance for Zoning District Amendment within the Community Commercial Zoning District. Motion carried on a 4-1-0 vote, with Jessen voting against. Jessen explained that he voted against due to unmitigated concerns about traffic at the intersection. MOTION: Anderson moved, seconded by Pidcock, to: 1) Adopt the Resolution #93-141 approving the Preliminary Plat; and 2) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried on a 4-1-0, with Jessen voting against. B. VALLEY SPORTS & TRAVEL by J. Randall Iverson. Request for Zoning District Change from Rural to Commercial Regional Service on 0.8145 acres, Preliminary Plat of 2.1 acres into two lots. Location: South of Valley View Road east of Prairie Center Drive. (Ordinance for Rezoning from Rural to Commercial Regional Service; and Resolution for Preliminary Plat) • Randy Iverson, proponent, reviewed the plan with the Council. Enger reported that the Planning Commission unanimously recommended approval of the project. There were no comments from the audience. City Council Minutes 4 July 6, 1993 • Councilmembers raised questions regarding the health regulations for such a facility. Iverson explained that the State of Minnesota and the County handled licensing and inspection of the facility. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Approve 1st Reading of the Ordinance for Rezoning from Rural to Commercial Regional Service; 3) Adopt Resolution #93-142, approving the Preliminary Plat; and 4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Anderson moved, seconded by Pidcock, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting • "aye " VH. ORDINANCES AND RESOLUTIONS VIII.PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM EDEN PRAIlUE FORD TO APPEAL DECISION OF BOARD OF APPEALS & ADRISTMENTS REGARDING THE SIZE OF AMERICAN FLAG ON THEIR PREMISES The Board of Appeals & Adjustments denied the request for Eden Prairie Ford for a variance to allow display of a 375 square foot American flag on a vote of 4-2. City Code allows a maximum size for State and American flags of 100 square feet. The Councilmembers discussed the request in relation to the size of the parcel, which was 14 acres, comparing the situation to a flag of this size on a smaller lot. Concern was raised that such an oversized flag was being used as a sign (for example, mentioned in advertisements for direction purposes), which may not be appropriate. MOTION: Jessen moved, seconded by Harris, to approve the variance request of Eden Prairie Ford to allow display of a 375 sq. ft. American Flag on its property on Plaza Drive. Motion 4-1-0, with Pidcock voting against. • Pidcock explained that, while she had no objection to the flag on the property, the size proposed for this flag seemed far too big, regardless of circumstances. City Council Minutes 5 July 6, 1993 • B. REQUEST FROM BENT CREEK GOLF CLUB FOR GOOSE REMOVAL The Parks, Recreation & Natural Resources Commission denied the request based on lack of documentation by the club as to how it had taken steps in the past to solve this problem. Robert Larson, representing Bent Creek, was present to explain past attempts at controlling the geese. MOTION: Harris moved, seconded by Jessen, to authorize Bent Creek Golf Course to remove approximately 200 geese from its property over a period of four years, in accordance with the Wild Life Management Ordinance requirements. Motion carried unanimously. Mayor Tenpas declared a recess at 8:45 p.m.; the meeting was reconvened at 8:55 p.m. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES A. NATURAL RESOURCES STUDY CON NUME-PRESENTATION OF THE RESULTS OF THE NATURAL RESOURCES STUDY COMMITTEE Lambert reviewed the process of the Natural Resources Study Committee and introduced the • consultants on the project, Dan Lutenegger and Beth Nixon, Barton Aschman and Associates, who explained their criteria for evaluation of the sites considered. Chuck Ruebling, Chairman of the Natural Resources Study Committee, addressed the recommendations of the Committee regarding the seven sites reviewed, along with a request for the Council to consider a referendum to purchase two of the properties. MOTION: Jessen moved, seconded by Harris, to authorize City Staff to obtain appraisals for Sites 1, 2, and 4, and to begin discussions with the owners of those properties before further action was taken toward purchase(s). Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Storm Damage Report From June, 1993 Rains Anderson asked for a report from Staff regarding damage in Eden Prairie from the June, 1993, rains. Staff said the report was in progress and would be presented to the Council as soon as possible. • 2. Riverview Bluff Erosion Anderson-raised questions about protection of the Riverview Bluff, noting ongoing concerns regarding erosion, damage from four-wheel vehicles, and continuing damage from storm City Council Minutes 6 July 6, 1993 • water. Staff was directed to investigate and report back to the Council about effective measures to correct the problem as soon as possible. 3. Water Bikes/Tet Skis Anderson said he had received complaints about water bikes and jet skis on Bryant Lake in terms of noise and hours of operation. He added that he was aware of an ordinance passed recently in the City of Long Lake. Staff was directed to review the Long Lake ordinance and report back to Council as to its applicability for Eden Prairie. 4. Canoe Racks Anderson explained what other communities were doing with respect to rental of canoe racks and suggested Eden Prairie could benefit from a similar arrangement. Staff was directed to follow up and report back to Council regarding the feasibility of renting canoe racks in Eden Prairie. 5. Flying Cloud Airport Commission Tenpas expressed concern that there was a need for communication between the Council and • the Flying Cloud Airport Advisory Commission. Staff was directed to schedule a joint meeting with the Commission and Council at the next available opportunity. B. REPORT OF CITY MANAGER 1. Award Contracts for Installation of Telecommunications Wiring and Paging Systems for City Center Proiect MOTION: Jessen moved, seconded by Anderson, to award the contract for the wiring system for the City Center Project to A.U.S. Communications in the amount of $148,077. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Approval of Change Orders for City Center MOTION: Harris moved, seconded by Pidcock, to approve Change Order #2 for the Eden Prairie City Center remodeling project in the amount of $49,951.00, resulting in an amended contract sum of$5,320,609.00. Motion carried unanimously. 2. Authorization to Enter into Purchase Agreement • MOTION: Pidcock moved, seconded by Jessen, to authorize the Mayor and City Manager to enter into a purchase agreement for 5.8 acres of City-owned property in the Downtown area with Bachman's Garden and Floral. Motion carried unanimously. City Council Minutes 7 July 6, 1993 • E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Awarding Contract for Elevated Storage Tank MOTION: Jessen moved, seconded by Anderson, to award the contract for the elevated storage tank to CBI/Na-Con, Inc., in the amount of$2,128,000, plus $110,000 for the clock faces on the tank. Motion carried unanimously. XII. OTHER BUSINESS XIII.ADJOURNM ENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock. Mayor Tenpas adjourned the meeting at 10:20 p.m.