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HomeMy WebLinkAboutCity Council - 04/19/1994 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,APRIL 19, 1994 7:30 PM, CITY CENTER Council Chamber - 8080 Mitchell Road COUNCILMEMBERS: 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 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 7:30 p.m. All members were present. PRESENTATION OF CERTIFICATE OF APPRECIATION Mayor Tenpas presented a Certificate of Appreciation to Jim Oberg of the Optimist Club of Eden Prairie for the Donation of$2,500 for the Senior Van. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item M.A.1., Discussion on Large Light Bulbs. Jessen added Item M.A2., Discussion on Garden Room Rental. and Item M.A.3., Status of Legislation on Liquor Licenses. Tenpas added Item M.A.4. Staffing for Police Department for 1995. Jullie said the permit application for a Retractable Water Ski Slalom Course on Bryant Lake (Item VIII.C.)had been withdrawn- MOTION: Harris moved, seconded by Pidcock, to approve the agenda as presented and amended. Motion carried unanimously. H. OPEN PODIUM Steve Summers, Cub Food Store Manager, said he was concerned with the decision made at the last Council meeting to deny a request for a portable greenhouse. He said Cub had planned to sell shrubs and flowers in a portable shelter at their location and have large quantities of stock coming in very soon. Mark Haberman, WalMart Manager, said he is in the same situation and he was led to believe that they would be able to get a permit for the portable greenhouse. CITY COUNCIL MINUTES 2 APRIL 19, 1994 Larry Hart, Target Manager, said he thought the timing of the decision was very inappropriate as he too has stock on the way for his store. Councilmembers expressed concern about being fair to other stores that are in the business of selling garden supplies and have met the City's requirements for their building structures, about taking any further action on this subject until Staff has returned with recommendations relating to temporary seasonal sales as directed at the April 5th meeting, and about the fact that the party requesting the permit at the last meeting was not present tonight for this further discussion of the subject. MOTION: Harris moved, seconded by Jessen,to continue the policy used in former years so that those who applied for permits would be considered on a case-by-case basis for this year. Enger explained the three different situations involved: Menards already had an outside display of 100% of the store area which is 90% over the limit; Target and Cub are within the 10% area allowed; and WalMart had been told that they would have to have a site plan review in order to get a permit for this year. Harris withdrew the motion with the consent of Jessen. Councilmembers requested clarification regarding the current ordinance. Enger said it is not clear that parking areas cannot be used for outside sales; however, there are requirements for the parking each establishment must provide, so Staff has assumed that an outside sales area could not be set up if it would cause the parking area to fall below the minimum requirements. The consensus was to allow the three businesses to sell garden supplies from the temporary shelters this year, with the clear understanding that there may be different rules in place next year after Staff has had time to prepare recommendations on temporary seasonal sales. III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,APRIL 5, 1994 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the April 5, 1994, City Council meeting as presented. Motion carried unanimously. B. CITY COUNCIIJSTAFF WORKSHOP HELD TUESDAY,APRIL 12, 1994 MOTION: Anderson moved, seconded by Pidcock, to approve the minutes of the April 12, 1994,City Council/Staff Workshop as presented. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION #94-54, APPROVING FINAL PLANS AND TRAFFIC CONTROL SIGNAL AGREEMENT FOR THE INTERSECTION OF SHADY OAK ROAD (CSAH 61)AND CITY WEST PARKWAY/OLD SHADY OAK ROAD C. APPROVAL OF OPTION AGREEMENT FOR CHARLSON PROPERTY CITY COUNCIL MINUTES 3 APRIL 19, 1994 D. APPROVE BIDS FOR MLEY LAKE PARK CONSTRUCTION E. RESOLUTION #94-55, APPROVING ELECTION JUDGES FOR MAY 24, 1994 PARK REFERENDUM F. RESOLUTION #94-56, PROVIDING FOR AN ELECTION ON THE QUESTION OF THE ISSUANCE OF$1.95 MILLION GENERAL OBLIGATION BONDS G. AWARD CONTRACTS FOR 911 COMMUNICATIONS CENTER H. MAPLE LEAF ACRES 9TH ADDITION TAX FORFEIT I. RESOLUTION 494-57,APPROVING FINAL PLAT FOR EDEN PRATR�F' CENTER 8TH ADDITION(KOHLS DEPARTMENT STORE) J. RESOLUTION#94-58,APPROVING FINAL PLAT FOR BRECKENRIDGE ADDITION (LOCATED IN THE BEARPATH PUD) K. RILEY LAKE PARK SANITARY SEWER SERVICES MOTION: Pidcock moved, seconded by Anderson, to approve Items A. - K. of the Consent Calendar as presented. Motion carried unanimously. The Council then took Item VIII.A. Request From Eden Lake Elementary School for Nature Trail out of sequence. VHI. PETITIONS,REQUESTS AND COMMUNICATIONS A. REQUEST FROM EDEN LAKE ELEMENTARY SCHOOL FOR NATURE TRAIL Bob Hallett, Principal at Eden Lake Elementary School, teachers and students from the school presented the proposal to construct a nature trail along the south side of Eden Lake which would be funded, constructed and maintained by the School District. The Parks, Recreation & Natural Resources Commission reviewed this request at its April 18 meeting and recommended approval. MOTION: Anderson moved, seconded by Pidcock,to approve the School District's request for a nature trail on City property by Eden Lake, with the request that the students report back next year on the progress and use of the trail. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. HUBER FUNERAL HOME by Miller Construction. Request for Zoning District Amendment in the I-2 Park Zoning District on 1.6 acres and Zoning Code Amendment amending Chapter I 1 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District. Location: CITY COUNCIL MINUTES 4 APRIL 19, 1994 County Road 4 and Cadillac Drive. (Ordinance for Zoning District Amendment in the I-2 Park Zoning District and Zoning Code Amendment amending Chapter 11) Paul Huber reviewed the project, noting that they have made modifications to the building design, the landscaping and the buffers to the north and south in response to neighborhood concerns and the recommendations of Staff and Commissions. Enger reported that the Planning Commission recommended approval of the proposal with the recommendation that the parties involved try to resolve their differences prior to coming before the Council. Lambert said that, while the Parks, Recreation & Natural Resources Commission also recommended approval, a major concern expressed by the Commission was that the 50-foot landscape buffer between the City-owned historical property to the north and the funeral home be maintained. The Heritage Preservation Commission discussed the proposal and commented to the Council its primary concern is to assure the historical integrity of the More house. The Eden Prairie Historical Society has requested the Council acquire the property proposed for the funeral home in order to provide for the"optimal use" of the More house as a historical site. Councilmembers expressed concern about the type of plantings that are planned. Lambert responded that proponent worked with Staff to develop the plantings, and Staff is satisfied with the level of screening provided. Paul Seeling, 6895 Jeremy Court., said he would like to see a funeral home in Eden Prairie and commented that the Hubers are good corporate citizens in other communities. Dennis Doyle, 10453 Bluff Road and owner of the property next door, said they have worked out compromises on a number of issues,including a moratorium on installing the crematorium. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing, to approve 1st Reading of the Ordinance to amend the Zoning Code; to approve 1st Reading of the Ordinance for Zoning District Amendment (relating to this site); and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. Councilmembers expressed concern that removal of erosion control fences is not being included in the requirements for development projects. B. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to RI-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Jullie said proponents have requested a two-week continuance. MOTION:Harris moved, seconded by Anderson,to continue this item to the May 3, 1994, City Council meeting as requested by the developer. Motion carried unanimously. CITY COUNCIL MINUTES 5 APRIL 19, 1994 C. ADULT FOSTER CARE HOMES by Community Home Program. Request for Zoning Change from Rural to RM-6.5 on 1.7 acres and Preliminary Plat of 4.3 acres into 3 lots. Location: Pioneer Trail. (Ordinance for Zoning Change from Rural to RM-6.5 and Resolution for Preliminary Plat) Bernie Vrona, Managing Director of Community Home Program, reviewed their request to build three single-story twin homes that would serve severely handicapped individuals. Bob Ready, project architect, said the street will be donated to the City as a utility easement, per recommendations of the Engineering Staff, and there will be an additional easement to the west to provide a utility connection for the adjacent property. Enger said the Planning Commission recommended approval at their March 28th meeting. Councilmembers questioned the corporate status of Community Homes and whether it is associated with Fraser Homes. Vrona said the Community Home Program is a non-profit organization funded by a tax-exempt bond from the City of Minneapolis and private donations, and it has no affiliation with the Fraser Homes. Betty Schaitberger, 12880 Old Pioneer Trail, said she is concerned about the safety of the neighborhood children because of the type of personnel that may be hired to work in the homes. Vrona said all personnel will be licensed in adult foster care and will undergo a background investigation and a check with the Bureau of Criminal Apprehension. MOTION: Harris moved, seconded by Pidcock,to close the Public Hearing and to approve Ist Reading of the Ordinance for Rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution #94-59, approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye.,1 VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION #94-60, FOR MCDA (Minneapolis Community Development Agency) BOND FINANCING FOR ADULT FOSTER CARE PROJECT BY THE COMMUNITY HOME PROGRAM MOTION: Harris moved, seconded by Pidcock, to adopt Resolution 994-60 for MCDA bond financing for the Adult Foster Care Project. Motion carried unanimously. VIII.. PETITIONS,REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES 6 APRIL 19, 1994 B. APPROVE LAYOUT PLANS FOR CSAH 4 FROM TERREY PINE DRIVE TO PIONEER TRAIL(Resolution##94-61) Jullie noted that Staff has been working with Hennepin County to develop layout plans for widening Eden Prairie Road (CSAH 4) from Terrey Pine Drive to Pioneer Trail. He said that 251 residents have signed a petition requesting that utilities be buried underground in connection with this project,and Staff will be reviewing that request. Bruce Polaczyk and Tim Chalupnik, representing Hennepin County, reviewed the layout plans and asked the Council to take action on the preliminary layout Polaczyk said, because this project will be funded by federal funds, there will be an environmental review process which will delay the proposed construction to 1996. Councilmembers expressed concern about how many residents received notice of tonight's presentation,the issue of pedestrian crossings, increased levels of traffic flow at the entrance to the new Miller Park facility, the interchange between the trail section of the abandoned railroad bed and the park,and the location of left turn lanes. Dietz responded that 250 residents received notices and that,while the County is in control of signal light placement, we have asked them to study placing signals at three intersections along the roadway to provide opportunities for pedestrian crossings. Tenpas noted that we have put in a recommendation for reasonable connections for the trail system and the park. Dietz said left turns lanes have been developed at some intersections but not at others in order to minimize the impact on adjacent properties. Councilmembers expressed concern about the issue of connecting Highway 4 with County Road 1. Dietz reviewed some alternative plans for that area. He said Staff has met with property owners on the south side of County Road 1,and the consensus is to direct traffic off Eden Prairie Road as much as possible. Chuck Hartwig, 8848 Cottonwood Lane, and Jeff Wendt, 8691 Eden Prairie Road, were concerned about the current problem with speeding and traffic accidents on Highway 4,and how much that would increase with an upgraded road. Dietz said there is a limited ability to enforce speed limits on this road because of the restricted shoulders. Tenpas asked Staff to check with the Police Department about the enforcement of speed limits along Highway 4. Ann Nicklay, 16011 Lakeshore Drive, expressed concern about the Miller Park traffic increasing traffic volumes during the evening hours and about not having left turn lanes at several intersections. She asked if Berger Drive will be open. Dietz said it will be open; however, the median ends just to the north, so there will be no left turn lane. He also noted that this is a preliminary plan,not the final plan for the improvements. Larry Lemon, 8947 Eden Prairie Road, said would like to minimize the amount of property he has to give to the County and City for a shift in the road alignment. Dietz said they have received the proposal but have not had a chance to study it; however, we might be able to compromise. Councilmembers asked about what impact upgraded Dell Road will have on the traffic level on Highway 4 between Highway 5 and County Road 1, and about the County's commitment to the alignment south of Highway 1. Dietz said the plan for Highway 4 takes upgraded Dell Road into CITY COUNCIL MINUTES 7 APRIL 19, 1994 account and also assumes Highway 21'2 to be in place. Polaczyk said the improvement south of Highway 1 is not a high priority with the County,but they would be willing to work with the City to realign the road south of the intersection. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution #94-61, approving the preliminary layout plan for this project, on the condition that a crossing between the park entrance and the Hennepin County trail be included in the plan. Motion carried unanimously. C. PERMIT APPLICATION FOR RETRACTABLE WATER SKI SLALOM COURSE ON BRYANT LAKE The permit application has been withdrawn. IX. REPORTS OF ADVISORY BOARDS,COMMISSIONS &COMMITTEES X. APPOINTMENTS XL REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Discussion of Large Light Bulbs Pidcock said she was concerned that the light bulbs on the Mayor's monitoring system may not be large enough to ensure recognition of individual Councilmembers when they wish to speak on an issue. Tenpas said he will try to monitor the lights more closely and, in addition,will ask Councihnembers whose turn it is to speak. 2. Discussion on Garden Room Rental Jessen asked what the status is regarding the new policies for room rental. Jullie said Staff is in the process of developing those policies in coordination with Mr. Sisinni. 3. Status of Legislation on Liguor Licenses Jessen asked what the status is on the issue of liquor licenses. Jullie said the bills are going through the legislature and it appears that we will have an increase of eight licenses. Jessen asked if they have reduced other communities' requests in a similar manner. Jullie said Eagan's request was reduced to three. 4. Staffing for Police Department for 1995 Tenpas said he would like Staff to get together with Chief Clark to develop recommendations for Police Department staffing to include more crime prevention officers than patrol officers before the 1995 budgets are prepared. B. REPORT OF CITY MANAGER CITY COUNCH.MINUTES 8 APRIL 19, 1994 C. REPORT OF DIRECTOR OF PARKS,RECREATION&NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY G. REPORT OF FINANCE DIRECTOR XH. OTHER BUSINESS Tenpas noted that we received a letter from Hank Harris, Vice President of Brunswick, commending Chris Enger and his Staff on the work they did on that project. XHL ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Tenpas closed the meeting at 10:05 P.M.