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HomeMy WebLinkAboutCity Council - 02/01/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 1, 1994 7:30 PM, CITY CENTER COUNCIL CHAMBER 8080 Mitchell Road COUNC111VIEMRERS: 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 Rick Rosow,Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Tenpas called the meeting to order at 7:35 p.m. All members were present. PRESENTATION OF AWARD TO OFFICER JAMES ]KI M AND RETIRING CANINE MAX The Police Awards Committee made a presentation to Officer Jim Kline and his canine partner, Max. Max retired on January 1, 1994. PRESENTATION OF AWARD TO CURT OBERLANDER FOR 23 YEARS OF SERVICE BY THE EDEN PRAIRIE FIRE DEPARTMENT Mayor Tenpas presented a momento to Curt Oberlander in recognition of his 23 years of service on the Eden Prairie Fire Department. Curt retired from the Department on November 1, 1993. Pidcock expressed her thanks to Captain Jim Clark for the Police Department's recent successful efforts to locate a missing person. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.2., Clean up of Minnesota River and possible marina. Anderson added item M.A. 3.2. Highway 169 overview. Harris added items XI.A.4., Discussion regarding Center for the Arts: XI.A.5., Discussion regarding the City telephone system; and 3I.A.6., Update on Rustic Hills Park tree removal. Jullie corrected item W.M. to read 7:30 AM; withdrew item VIH.A.; and added items XI.D.I., Report on Marketcenter urban design; and M.E.3., Sale of City-owned property at Valley View Road and Howard Lane. MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM There were no presentations during this portion of the meeting. City Council Minutes 2 February 1, 1994 M. MINUTES A. SPECIAL CITY COUNCIL MEETING HELD MONDAY, DECEMBER 13, 1993 Jessen noted that he arrived before Item IV. MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the December 13, 1993, Council meeting as submitted and amended. Motion carried unanimously wh Harris abstaining. B. JOINT CITY COUNCIL. PLANNING COMMISSION. AND PARKS, RECREATION & NATURAL RESOURCES COMMISSION MEETING HELD MONDAY, DECEMBER 13, 1993 MOTION: Anderson moved, seconded by Pidcock, to approve the minutes of the Joint City Council, Planning Commission, and Parks, Recreation &Natural Resources Commission meeting of December 13, 1993, as submitted. Motion carried unanimously with Harris abstaining. C. CITY COUNCIL MINUTES FROM MEETING HELD TUESDAY, DECEMBER 21, 1993 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the December 21, 1993, meeting as submitted. Motion carried unanimously. D. CITY COUNCIL MUWTES FROM MEETING HELD TUESDAY, JANUARY 4, 1994 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the January 4, 1994, meeting as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PROCLAMATION-]FEBRUARY 1994 AS "EDEN PRAIRIE LOVES ITS KIDS" MONTH C. RESOLUTION #94-11, APPROVING FINAL PLAT OF BELL OAKS 4TH ADDITION LOCATED SOUTH OF RIVERVIEW ROAD AND EAST OF HOMEWARD HILLS ROAD D. RESOLUTION #94-12, APPROVING FINAL PLAT OF DEER CREEK 3RD ADDITION, LOCATED ON THE EAST SIDE OF MITCHELL ROAD AND SOUTH OF CARMODY DRIVE E. RESOLUTION #94-13, APPROVING AGENCY AGREEMENT FOR ADDITIONAL UTILITIES ON TECHNOLOGY DRIVE, I.C. 93-5307 F. RESOLUTION #94-14, AUTHORIZING SUBMISSION OF 1994 RECYCLING GRANT APPLICATION City Council Minutes 3 February 1, 1994 G. RESOLUTION#94-16, APPROVING THE BINGO HALLIPREMISE PERIV LICENSE FOR HOSPITALITY MANAGEMENT PLUS, INC. H. APPROVAL OF ARCHITECT FOR SENIOR CENTER RENOVATION I. APPROVAL OF ENGINEERING CONSULTANT FOR RILEY LAKE PARK DEVELOPMENT J. RESOLUTION #94-15, TAX FORFEITED LANDS K. KATHERINE TROST OPTION & PURCHASE AGREEMENT L. SET TUESDAY,MARCH 22, 1994,AS THE DATE OF THE REFERENDUM ON LIQUOR LICENSES M. SET WEDNESDAY, FEBRUARY 9, 1994, 7:30 A.M. FOR A BREAKFAST MEETING SPONSORED BY METROPOLITAN COUNCIL CHAIR DOTTIE RIETOW MOTION: Harris moved, seconded by Pidcock, to approve items A. - M. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest corner of Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued from December 21, 1993 MOTION: Harris moved, seconded by Jessen, to close the Public Hearing and to acknowledge the proponent's request for withdrawal of the application for rezoning and preliminary plat for Shady Oak Ridge 4th Addition, and to return the item to the proponent, without prejudice. Motion carried unanimously. B. GALARNEAU PROPERTY. Request for Comprehensive Guide Plan Amendment from Medium Density Residential to Neighborhood Commercial on 6 acres, to Office on 2.5 acres and to Medium Density Residential - Office on 10 acres. Location: Rowland Road and Shady Oak Road. (Resolution for Comprehensive Guide Plan Amendment) John Uban, representing Gordon Galameau, reviewed the request, noting that, based on neighborhood concerns about possible large apartment or office buildings, they have subdivided the southern part of the property into small lots. Enger said the Planning Commission recommended approval, noting that there was some discussion regarding changing the designation to Office only on the southern portion. However, because of the Commission's concerns regarding preservation of Medium Density Residential sites, they decided to recommend Medium Density Residential-Office on that portion. City Council Minutes 4 February 1, 1994 Rich Ahmann, 6604 Golden Ridge Drive,presented a letter outlining the neighborhood's concerns about traffic, lighting and mechanical placement, use as a transition zone, pedestrian flow, tree removal and general aesthetics. Steve Skalbeck, 6533 Cherokee Trail W., said he has concerns about the traffic in the neighborhood. MOTION: Jessen moved, seconded by Harris, to close the public hearing and to adopt Resolution #94-17, changing the Comprehensive Guide Plan from Medium Density Residential to Neighborhood Commercial Office and Medium Density Residential. Councilmembers discussed the advantages of retaining flexibility for Medium Density Residential on this property or whether it might be better to guide it as Office only, especially in view of the residents' concerns about traffic in the neighborhood. AMENDMENT TO THE MOTION: Jessen moved, seconded by Harris, to amend the motion to change the Comprehensive Guide Plan to Neighborhood Commercial Office only. Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. C. FLYING CLOUD LANDFILL/MN METHANE by NEO Corporation. Request for Zoning District Amendment in the I-2 District on 14 acres and Site Plan Review on 14 acres. Location: Flying Cloud Sanitary Landfill. (Ordinance for Zoning District Amendment in the 1-2 District) Manny Castillo,representing NEO, reviewed the request to allow construction of a facility to burn landfill gases in diesel engines for the production of electricity. Councilmembers expressed concern about the long range plans for the rest of the landfill area, the noise levels produced by the facility, its proximity to the crest of the bluff, the problem of erosion on the bluff near the landfill site, the possibility of a facility fee or tax which could generate funds to enhance the quality of the surrounding environment, and the possibility of creating a marina on the river at the base of the property. Greg Schott, representing Woodlake Landfill, said they expect the landfill area to continue as open grass land. He noted that they have installed gas extraction wells to help improve the condition of the grasses in the area, but he would be willing to meet with Councilmembers on site to discuss erosion concerns. Lambert said the marina permit is for the Brown property and that the U.S. Fish & Wildlife would oppose locating a marina anywhere in the floodplain in Eden Prairie. Pidcock said she thought we should not overlook the opportunity to use this natural resource and that we need to look into it. Council directed Staff to investigate who owns the area on the bluffs that is eroding and what is causing the erosion problems. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the public hearing and to approve lst Reading of the Ordinance for Zoning District Amendment. Motion carried unanimously. City Council Minutes 5 February 1, 1994 D. EDEN LAKE ELEMENTARY SCHOOL ADDITION by ISD #272. Request for Zoning District Amendment in the Rural Zoning District on 23.43 acres and Site Plan Review on 23.43 acres for a 20,000 sq. ft. expansion. Location: 12000 Homeward Hills Road. (Ordinance for Zoning District Amendment in the Rural Zoning District) There were no comments from the audience. MOTION: Anderson moved, seconded by Harris, to close the public hearing, and to approve 1st reading of the ordinance for zoning district amendment. Motion carried unanimously. E. CEDAR RIDGE ELEMENTARY SCHOOL ADDITION by ISD #272. Request for Zoning District Amendment in the Rural Zoning District on 25.2 acres and Site Plan Review on 25.2 acres for a 25,000 sq. ft. classroom addition. Location: 8950 Braxton Drive. (Ordinance for Zoning District Amendment in the Rural Zoning District) There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to close the public hearing, and to approve 1st reading of the ordinance for zoning district amendment. Motion carried unanimously. F. OAK POINT POOL ADDITION by ISD #272. Request for Zoning District Amendment in the Rural Zoning District on 21.78 acres and Site Plan Review on 21.78 acres for a 20,000 sq. ft. pool addition. Location: 13400 Starring Lake Parkway. (Ordinance for Zoning District Amendment in the Rural Zoning District) There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to close the public hearing, and to approve lst reading of the ordinance for zoning district amendment. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Harris 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." VII. ORDINANCES AND RESOLUTIONS A. EDEN LAKE ELEMENTARY SCHOOL ADDITION by ISD #272. 2nd Reading of an Ordinance for Zoning District Amendment in the Rural Zoning District on 23.43 acres and Adoption of a Resolution Approving Site Plan Review for Eden Lake Elementary School. Location: 12000 Homeward Hills Road. (Ordinance for Zoning District Amendment in the Rural Zoning District and Resolution for Site Plan) MOTION: Hams moved, seconded by Pidcock, to approve 2nd reading of Ordinance #3-94, Zoning District Amendment within the Rural District and to adopt Resolution #94-18, approving the Site Plan. Motion carried unanimously. City Council Minutes 6 February 1, 1994 B. CEDAR RIDGE ELEMENTARY SCHOOL ADDITION by ISD #272. 2nd Reading of an Ordinance for Zoning District Amendment in the Rural Zoning District on 25.2 acres and Adoption of a Resolution Approving Site Plan Review for Cedar Ridge Elementary School. Location: 8950 Braxton Drive. (Ordinance for Zoning District Amendment in the Rural Zoning District and Resolution for Site Plan) MOTION: Harris moved, seconded by Pidcock, to approve 2nd reading of Ordinance #4-94, Zoning District Amendment within the Rural District and to adopt Resolution #94-19, approving the Site Plan. Motion carried unanimously. C. OAK POINT POOL ADDITION by ISD #272. 2nd Reading of an Ordinance for Zoning District Amendment in the Rural Zoning District on 21.78 acres and Adoption of a Resolution Approving Site Plan Review for Oak Point School. Location: 13400 Starring Lake Parkway. (Ordinance for Zoning District Amendment in the Rural Zoning District and Resolution for Site Plan) MOTION: Harris moved, seconded by Pidcock, to approve 2nd reading of Ordinance #5-94, Zoning District Amendment within the Rural District and to adopt Resolution #94-20, approving the Site Plan. Motion carried unanimously. D. RESOLUTION #94-21, IN SUPPORT OF THE GLEN LAKE TASK FORCE REPORT Councilmembers discussed whether the project could be enhanced by combining additional City and County land south of Highway 62, thereby allowing the area to be used for other types of recreation in addition to golfing. Councilmembers also expressed concern about not receiving enough information about the project. Tenpas, who served on the Task Force, said they considered expanding the project but there were no funds available. Lambert said the Parks Commission continued this item to next Monday to allow time for a response from the Equestrian Center. Because of the tight timing for approval of this project, Lambert suggested that support be given to the project with the recommendation that the master plan include a determination of how the project might be expanded to include Birch Island Park, Camp Edenwood and nearby Hennepin County property. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution #94- , in support of the Task Force recommendations for future use of the Glen Lake Hennepin County property, with the recommendation that the master plan for the project incorporate planning to expand the project to include Birch Island Park, Camp Edenwood and nearby Hennepin County property. Motion carried with Jessen opposed. VHL PETITIONS, REQUESTS AND COMMUNICATIONS A. GRANT HUSSEY MEMORIAL PLANTING This request was withdrawn. City Council Minutes 7 February 1, 1994 B. REQUEST FROM PEMTOM FOR HELP TO FUND TRAM, CONSTRUCTION Councilmembers expressed concern that reimbursement might set a precedent for other projects. Lambert responded that no other trails have required a retaining wall as extensive as this oneand that Parks Commission recommended approval of a $9,000 reimbursement. MOTION: Harris moved, seconded by Anderson, to reimburse one-half the cost of the wall ($9,000) with funding to come from Cash Park Fees. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COM TTEES A. RECOMMENDATION FROM THE CULTURAL COMMISSION The request of the Cultural Commission was that it be renamed the Arts Commission, and that the Historical responsibilities be transferred to a revamped Heritage Preservation Commission. Councilmembers questioned whether the structure of the Heritage Preservation Commission would be in line with state and federal regulations. Lambert said this structure will meet state and federal requirements and will upgrade the Heritage Preservation Commission from committee status to full commission status. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare an Ordinance to effect these changes to the structure of the Cultural Commission. Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Tobacco Licensing/Enforcement Anderson said he is very concerned that smoking has been increasing among school-age children and that state laws are not tough enough, noting that several nearby cities have taken actions such as increasing license fees and banning cigarette machines. The consensus was for Anderson to work with Staff to develop ordinances or changes that may be required to increase license fees and to strengthen enforcement of existing laws. 2. Clean Up of Minnesota River and Possible Marina Pidcock noted that this topic was covered in item V.C. She asked Councilmembers to encourage participation in the Job Fair at Eden Prairie Center on April 20th. City Council Minutes 8 February 1, 1994 3. Highway 169 Overview Anderson said he has received calls from residents who are afraid to drive the stretch of Hwy. 169 from Flying Cloud Airport to the City limits, and we need to start pushing the Legislature to improve the left turn lanes there. Dietz reported that Staff has been working with MnDOT and the County to get some interim improvements made. 4. Discussion Regarding Center for the Arts Harris said she has been involved with a group of citizens who are investigating the possibilities for a Center for the Arts in conjunction with the School Board. Jessen said he also planned to become involved with the group. 5. Discussion Regarding the City Telephone Sim Harris reported that she has received several complaints from residents about the City telephone system and that she has also experienced several problems with it. She asked Staff to review how the system was set up and any problems that have occurred. Jullie noted that there have been some breakdowns in mechanical function and that they are planning a meeting with the phone consultant. 6. Update on Rustic Hills Park Tree Removal Hams asked about the status of the trees that were removed from City property. Lambert said Staff has worked out a tree replacement policy with the landowner responsible in order to re-establish the trees that were removed, and that Staff will follow-up to see that the trees are replaced. B. REPORT OF CITY MANAGER 1. Proposed Meeting Dates with Boards and Commissions Staff proposed a schedule of joint meetings with the Council's advisory boards and commissions during 1994. MOTION: Pidcock moved, seconded by Harris, to accept the proposed schedule and to direct Staff to notify the various boards and commissions of the dates. Motion carried unanimously. C. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Report on Marketcenter urban design Enger said that the Planning Commission, the Parks Commissions, and Staff recommend Alternative A for the Marketcenter design. Councilmembers questioned whether TIF financing could be used for Alternative A. Jullie City Council Minutes 9 February 1, 1994 said that both alternatives anticipated use of the TIF budget, with $1.6 million to be used for urban design and $800,000 for general street lighting. MOTION: Harris moved, seconded by Pidcock, to accept design Alternative A for the Eden Prairie Marketcenter. Motion carried unanimously. D. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Wetland Banking Don Brauer, Brauer and Associates, reviewed his report on this item, noting that we would identify areas to include in the mitigation bank which would then allow some agricultural land to be returned to a natural state. Councilmembers observed that, while this may provide an opportunity to acquire large quantities of land to be returned to a natural state, if the agricultural land is outside Eden Prairie, we will lose out. The consensus was to schedule further discussion of this subject, to advance the idea at the League of Minnesota Cities, and to ask the Parks, Recreation and Natural Resources Commission to look for areas within the City where wetland banking would work. 2. Water Supply and Treatment Assessment Report After reviewing the details of the Water Plant expansion, Dietz said Staff is asking for authority to proceed with the selection of a consultant to begin the planning and design of the improvements and to begin work on a conservation plan that will be required from each city by 1996. MOTION: Harris moved, seconded by Pidcock, to direct Staff to begin the process for planning and design engineering for the water system improvements. Motion carried unanimously. 3. Sale of City-owned Property at Valley View Road and Howard Lane Noting that the developer of Bent Creek Woods intended to incorporate this into the project. Dietz said the Purchase Agreement is for $20,153 with the easement for Well No. 6 as a credit. MOTION: Jessen moved, .seconded by Pidcock, to approve the sale of the property at Valley View Road and Howard Lane as described by Staff. Motion carried unanimously. X11. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Anderson, to adjourn the meeting. Mayor Tenpas closed the meeting at 10:00 p.m.