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HomeMy WebLinkAboutCity Council - 05/03/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 3, 1994 7:30 PM, CITY CENTER COUNCIL CHAMBER 8080 Mitchell Road COUNCILNIEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. JuMe, 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 ROLL CALL Mayor Tenpas called the meeting to order at 7:35 p.m. All members were present. PROCLAMATION PROCLAI IING SENIOR AWARENESS WEEK, MAY 16-21, 1994 Mayor Tenpas presented representatives of the Senior Center with a proclamation declaring May 16 -21, 1994 as Senior Awareness Week. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.l., 1994 Alumnus of the Year. Jessen added item XI.A.2., Briefing on Outdoor Garden Sales. Anderson added item XI.A.3., Use of Open Podium Time. 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 agenda. M. MINUTES A. JOINT CITY COUNCIL/WASTE MANAGEMENT COMMISSION MEETING HELD TUESDAY, APRIL 19, 1994 MOTION: Pidcock moved, seconded by Hams, to approve the minutes of the Joint City Council Waste Management Commission meeting of Tuesday, April 19, 1994, as submitted. Motion carried unanimously. City Council Minutes 2 May 3, 1994 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 19, 1994 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City Council meeting of Tuesday, April 19, 1994, as submitted. Motion carried unanimously. C. JOINT CITY COUNCIL MEETING WITH RILEY-PURGATORY-BLUFF CREEK AND NW&MILE WATERSHED DISTRICTS, AND THE PLANNING AND PARKS, RECREATION & NATURAL RESOURCES COMMISSIONS HELD APRIL 20, 1994 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the Joint meeting of the City Council, Riley-Purgatory-Bluff Creek and Nine-Mile Creek Watershed Districts, with the Planning and Parks, Recreation & Natural Resources Commission of April 20, 1994, as submitted. Motion carried 4-0-1, with Harris abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE#10-94,MINING OPERATION, LAND ALTERATION & ENVIRONMENTAL PRESERVATION REGULATION C. RESOLUTION #94-62, APPROVING FINAL PLAT FOR BENT CREEK WOODS 2ND ADDITION (located south of Edenvale Boulevard and West of Light Rail Corridor) D. RESOLUTION #94-63, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO MAKE APPLICATION TO METROPOLITAN COUNCIL FOR ACQUISITION OF THE DELEGARD PROPERTY USING RALF FUNDS E. APPROVAL OF I 494 REVISED JOINT COOPERATIVE AGREEMENT F. ARBOR DAY PROCLAMATION G. GRANT HUSSEY MEMORIAL PLANTING H. REQUEST TO TRANSFER FUNDS WITHIN THE 1994 BUDGET I. AWARD BIDS FOR MILLER PARK TREE PLANTING J. SUAMERFIELD by Rottlund Company. 2nd Reading of an Ordinance for PUD District Review with waivers on 38.14 acres, Rezoning from Rural to RM-6.5 on 5.53 acres, Rezoning from Public to RM-6.5 on 19.59 acres and Approval of a Developer's Agreement for Summerfield. Location: Dell Road and Highway 5. (Ordinance #11-94-PUD-3-94, PUD District Review with waivers, Rezoning from Rural to RM 6.5, Rezoning from Public to RM 6.5) K. RESOLUTION #94-64, APPROVING FINAL PLAT FOR SUMMERFIELD (located northeast corner of Dell Road and Highway 5) City Council Minutes 3 May 3, 1994 L. PIONEER RIDGE by R. H. Development, Inc. 2nd Reading of an Ordinance for Zoning District Change from Rural to R1-13.5 on 6.9 acres and Approval of a Developer's Agreement for Pioneer Ridge. Location: Mitchell Road and Pioneer Trail. (Ordinance #12-94, Zoning District Change from Rural to R1-13.5) M. JOYLAND by David Kraemer. 2nd Reading of an Ordinance for Zoning District Change from Rural to R1-13.5 on 2.76 acres and Approval of a Developer's Agreement for Joyland. Location: 14506 Staring Lake Parkway. (Ordinance #13-94, Zoning District Change from Rural to R1-13.5) N. RESOLUTION #94-65, AWARDING CONTRACT FOR STREET AND TRANSPORTATION TRAIL 1994 SEALCOATING. I.C. 94-5342 Enger said Item L should be removed from the Consent Calendar and considered under Petitions & Requests. MOTION: Pidcock moved, seconded by Harris, to change Item IV.L., PIONEER RIDGE to Item VIII.B. on the agenda. Motion carried unanimously. Jullie noted that the City Attorney has made some minor housekeeping changes to the draft of Item B that was included in the packet, and a revised draft is available for Councilmembers to review. Anderson said he has concerns about the soil erosion that has occurred after the recent rains and asked that maintenance and repair of sedimentation fences be strictly enforced. In response to Councilmembers' concern regarding Item H, Jullie said that the Parks Commission has recommended that$12,000 of the proposed transfer of$19,000 be reserved as funding for the recommendations made by the Deer Study Committee if that study is accepted by the Council. He said the funds would come from the proposed Community Center improvements, which would be deferred for other funding sources or included in the 1995 budget. MOTION: Jessen moved, seconded by Harris, to change Item IV.H REQUEST TO TRANSFER FUNDS WITHIN THE 1994 BUDGET to Item IX.B. Motion carried unanimously. MOTION: Anderson moved, seconded by Harris, to approve items A. - G, items I. - K., and Items M. and N. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. 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 R1-13.5 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) Continued from April 19, 1994 City Council Minutes 4 May 3, 1994 MOTION: Pidcock moved, seconded by Anderson, to continue this item to May 17, 1994, as requested by the proponent. Motion carried unanimously. B. REQUEST BY LEI SERV FOR AN ORDINANCE CHANGE TO CHAPTER 4 OF THE CITY CODE AMENDING SUNDAY LIQUOR SALES (Ordinance amending Chapter 4 of the City Code) Jullie said the recent amendment to the City Code that allowed liquor sales at the new Brunswick Bowling Center did not allow Sunday liquor sales to occur before 12 Noon. Brunswick is now requesting an Ordinance change to permit sales in a bowling center from 10 AM to Midnight, which are the hours allowed for other holders of Sunday liquor licenses. Councilmembers questioned why this was not included in the first place and expressed concern that this might set a precedent for other recreation areas. Jullie said we had to make a change in the ordinance for that kind of establishment. Pauly said this extends the right to sell liquor in the City to a bowling establishment, but does not set a precedent. There were no comments from the audience. MOTION: Hams moved, seconded by Anderson, to close the public hearing and to approve 1st reading of the ordinance amending City Code, Chapter 4, Section 4.33, relating to Sunday Liquor Sales. Motion carried unanimously. C. PIONEER TRAILS by Hustad Development. Request for Guide Plan Amendment from Low Density Residential to Medium Density Residential on 8.28 acres, Zoning District Change from Rural to R1-22 and RM-6.5 on 8.28 acres and Preliminary Plat of 9.21 acres into 28 lots and road right-of-way. Location: 10781 Pioneer Trail (Resolution for Guide Plan Amendment, Ordinance for Zoning District Change from Rural to RM-6.5, Resolution for Preliminary Plat) Beth Simonsted, Hustad Development, and Steve Sweiter, Wooddale Builders, reviewed the request. Enger said the Planning Commission recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report. The Parks Commission did not review the proposal. Councilmembers expressed concern that this proposal might cause a change in the density percentages in the City and that there are some obligations and commitments from past development projects that have not been met by Hustad Development. Greg Brown, 10816 Jackson Drive, said he did not think the Planning Commission Minutes were clear about the recommendations concerning the 75-foot setback being to the rear of the house and not to the deck, and the berm height of 8-9 feet. He was also concerned about the colors that will be used. Kathy Wagle, 10928 Jackson Drive, asked if there will be a berm on the end by the single family homes on the west. Simonsted said she didn't know what will be developed on that side and it will be difficult to berm since it is a low point. Tenpas said we would be consistent with City Council Minutes 5 May 3, 1994 our requirements for all developments there, and any development will go through the Public Hearing and review process. Howard Petersen, 10500 Buckingham Drive, expressed concern about the high speed of traffic on Pioneer Trail and how a new access point will increase the dangers of driving on that road. Councilmembers discussed their previous attempts to have the speed limit decreased and directed Staff to develop ideas with which to push the County on the issue of speed limits on Pioneer Trail and to get the issue on the agenda for a County Board meeting. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing; to adopt Resolution #94-66, Comprehensive Guide Plan Amendment; to approve 1st Reading of an Ordinance for Rezoning; to adopt Resolution #94-67, approving the Preliminary Plat; and to direct staff to prepare a Development Agreement incorporating commission and staff recommendations. Anderson asked Staff to discuss with Hustad Development before 2nd Reading of this project the issue of land that has been promised but not yet given to the City. VOTE ON THE MOTION: Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Harris 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." VII. ORDINANCES AND RESOLUTIONS A. 2nd Reading of Ordinance # -94 Amending Chapter 4 Regarding_Sunday Liquor Sales in Bowling Centers MOTION: Hams moved, seconded by Pidcock, to approve 2nd Reading of Ordinance# -94, Amending Chapter 4 of the City Code to allow Liquor Sales in Bowling Centers from 10:00 a.m. to Midnight. Motion carried unanimously. VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. RECEIVE PETITION, AUTHORIZE FEASIBII,ITY STUDY FOR GOLDEN RIDGE DRIVE IWROVEMENTS, I.C. 94-5360 (Resolution #94-68) Councilmembers expressed concern about whether the requirements for such petitions had been met in this case. Dietz said, while they may not have 35% of the frontage signing the petition, there are five out 10 of the property owners involved. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution #94-68, receiving petition and authorizing feasibility study for Golden Ridge Drive Improvements, I.C. 94-5360. Motion carried unanimously. City Council Minutes 6 May 3, 1994 B. PIONEER RIDGE by R. H. Development, Inc. 2nd Reading of an Ordinance for Zoning District Change from Rural to R1-13.5 on 6.9 acres and Approval of a Developer's Agreement for Pioneer Ridge. Location: Mitchell Road and Pioneer Trail. (Ordinance ##12-94, Zoning District Change from Rural to R1-13.5) Bob Gartner, 15769 Cedar Ridge Road, said he was concerned that the small lot sizes in this development are not consistent with the larger lots and more open spaces of the original neighborhood. Enger said the prices proposed for the houses in this development are quite comparable with those in the existing neighborhood and the number of lots that front on Corral Lane was reduced from three to two in response to concerns from the neighborhood. He said the lots in this project provide a size transition to County Road 1 and the airport on the south. Councilmembers discussed what options were open at this point in the approval process without all parties involved being present, expressed concern about the trend to higher density and "piecemeal" development, and reviewed the importance of making the street side of any development consistent with the existing neighborhood. MOTION: Harris moved, seconded by Anderson, to approve 2nd Reading of an Ordinance for Zoning District Change from Rural to R1-13.5 on 6.9 acres and Approval of a Developer's Agreement for Pioneer Ridge. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES A. DEER STUDY COMMITTEE - FINAL REPORT Stuart Fox presented an overview of the committee's study process, noting that the report recommendations were accepted by the Parks, Recreation & Natural Resources Commission at their April 19th meeting and that the goal of the committee was to develop a plan that would help balance community growth with wildlife protection. Bruce Bowman, Committee Chair, reviewed the 32 recommendations prepared by the committee, noting that the committee voted unanimously for 30 of the 32. Laura Bluml, 10540 W. Riverview Drive, said she has questions about how the recommendations will be implemented and about the survey sample used because the report did not provide enough information. She said she thought it was important to enforce speed limits to help cut down on deer/vehicle collisions and she was concerned about who will pay for the control efforts. John Nielsen, 9190 Neill Lake Road, commended the committee on their recommendations, noting that he would prefer methods other than sharpshooting as a means of control. He noted that we have cut off corridors for the deer herds with development throughout the City and now we need to enforce the speed limits. Dr. John McArdle, 14280 Bellview Drive and a member of the study committee, said the majority of the committee was in favor of fertility control but that technology is not currently City Council Minutes 7 May 3, 1994 available. He said, because the collision data was unclear, we should start collecting additional data and he believes reduction should be limited to those areas where people have reported problems. Joan Nichols, 9504 Creek Knoll Road, expressed concern about the recommendation to shoot the deer and agreed that reducing and enforcing speed limits is critical. Councilmembers thanked the committee for their hard work and thoughtful recommendations, expressed concern about the accuracy of the collision and aerial count statistics, and questioned Jon Parker, Area Wildlife Manager for the DNR, about the herd reduction problems and programs that exist in neighboring communities and the potential for using fertility control for the herd reduction. In response to questions regarding the details of the sharpshooting program, Police Chief Clark replied that police officers would supervise the shooting and would be responsible for the safety issues. John Connelly of the Police Department reviewed the collision statistics, pointing out that there was very little chance of one accident being reported numerous times in the statistics. Councilmembers discussed the total cost of the program and how the $12,000 requested as a transfer of funds would be used. MOTION: Harris moved, seconded by Jessen, to accept and approve the Deer Study Report, to direct Staff to incorporate the costs for implementation in the 1995 City Budget planning process, and to direct Staff to prepare an action plan to incorporate details of when, where and at what cost specific actions will be taken. Motion carried unanimously. B. REQUEST TO TRANSFER FUNDS WITHIN THE 1994 BUDGET MOTION: Jessen moved, seconded by Harris, to transfer funds within the 1994 budget, per the Staff and Parks Commission recommendations, and to direct Staff to prepare a detailed analysis of the use of transferred funds. Motion carried unanimously. X. APPOINTMENTS A. Arts Commission - 1 Appointment to fill a vacant term to 2/28/97 MOTION: Harris moved, seconded by Pidcock, to appoint Thomas McGrew to fill the unexpired term ending February 28, 1997, on the Arts Commission. Motion carried unanimously. B. Heritage Preservation Commission - 1 Appointment to fill a vacant term to 2/28/96 MOTION: Harris moved, seconded by Pidcock, to appoint James Mason to fill the unexpired term ending February 28, 1996, on the Heritage Preservation Commission. Motion carried unanimously. City Council Minutes 8 May 3, 1994 C. Human Rights Committee - 1 Appointment to fill a vacant term to 1111194 MOTION: Pidcock moved, seconded by Harris, to appoint Richard Helzel to fill the unexpired term ending November 1, 1994, on the Human Rights Committee. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCH MEMBERS 1. 1994 Alumnus of the Year Pidcock commended Harris on being recognized as the 1994 Alumnus of the Year for her advancements in the medical and health care field. 2. Briefing on Outdoor Garden Sales Jessen asked for an update on the permits for outdoor garden sales and the Staff recommendations on temporary seasonal sales. Enger said variances were granted for the three establishments that were present at the last meeting, that the owner of the stand at County Road 1 and 4 will receive a written notification regarding his additional product line, and that Staff should be prepared with recommendations on the temporary seasonal sales issue within 30 days. 3. Use of Open Podium Time Anderson said he was concerned about the use of the Open Podium time at the last Council meeting which included lengthy discussion and motions made and withdrawn about an item that was not on the agenda. B. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution #94-69. Awarding Contract for Recreational Trail Sealcoating, I.C. 94- 5358 Councilmembers expressed concern about the cost of repeated sealcoatings for the trails. Dietz said the winter plowing is scraping it off. MOTION: Jessen moved, seconded by Harris, to adopt Resolution #94-69 Awarding the Contract for Recreational Trail Sealcoating, I.C. 94-5358. Motion carried unanimously. XH. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas closed the meeting at 10:20 p.m.