HomeMy WebLinkAboutCity Council - 06/14/1994 MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 14, 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
ROLL CALL
Mayor Tenpas called the meeting to order at 7:30 p.m. Jessen was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added item XI.A.1., Memorial Day Parades. Jullie added item XI.B.1., Organizational
Changes.
MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended.
Motion carried unanimously.
II. OPEN PODIUM
There were no comments made by the audience during this portion of the meeting.
M. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, MAY 17, 1994
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the May 17,
1994, City Council meeting as submitted. Motion carried unanimously.
B. CANVASSING BOARD MEETING HELD WEDNESDAY, MAY 25, 1994
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the May 25,
1994, meeting of the Canvassing Board. Motion carried unanimously.
City Council Minutes 2 June 14, 1994
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. 2ND READING OF ORDINANCE #18-94, REQUIRING TOILET FACILITIES AT
CONSTRUCTION SITES
C. APPROVE CHANGE ORDER FOR COMMUNITY CENTER POOL HVAC
D. RESURRECTION LIFE MINISTRIES by Resurrection Life Ministries. 2nd Reading of an
Ordinance for Rezoning from Community Commercial to Church on 2.8 acres. Location: Off
Cadillac Drive (Ordinance #19-94, Rezoning from Community Commercial to Church)
E. RESOLUTION #94-83, FINAL AMENDED 1993 GENERAL FUND BUDGET
F. APPROVE BIDS FOR SENIOR CENTER REMODELING
G. RESOLUTION #94-84 FINAL PLAT FOR DELLWOOD ESTATES 2ND ADDITION
(LOCATED EAST OF DELL ROAD AND NORTH OF PIONEER TRAIL)
H. RESOLUTION #94-85, FINAL PLAT FOR WINDFIELD 6TH ADDITION (LOCATED
EAST OF RICE MARSH LAKE, SOUTH OF TH 5)
I. RESOLUTION #94-86, FINAL PLAT FOR SHORES OF MITCHELL LAKE 2ND
ADDITION (LOCATED WEST OF MITCHELL LAKE)
J. RESOLUTION #94-87, DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF 1994 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING
DATE, I.C. 93-5325
K. 2ND READING OF ORDINANCE#20-94 AMENDING CHAPTER 2 OF CITY CODE TO
INCORPORATE CHANGES FOR ARTS, HERITAGE PRESERVATION, AND
ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSIONS
MOTION: Pidcock moved, seconded by Anderson, to approve items A. - K. of the Consent
Calendar as submitted. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. SIGN CODE DISCUSSION (Ordinance) (continued from March 8, 1994 and June 7, 1994)
Enger reported that the Planning Commission recommended approval of the Ordinance with the
exception of Section 6 in the draft which related to "garage sale signs", noting that the proposed
City Council Minutes 3 June 14, 1994
amendments to the Code would allow temporary off-site directional signs to be placed on private
property from 10 PM, Friday, through 6:00 AM, Monday.
Councilmembers expressed concern that the proposed amendments might not be in compliance
with the recent Minnesota Supreme Court decision and that the City has been inconsistent in
enforcing the ordinance. Pauly said he believed that the amendments would be consistent with
the Court's decision; however, he had not yet reviewed the recent decision.
Rudy Klink, 8696 Westwind Circle, said he has conducted a garage sale every May and this year
the City picked up and disposed of the signs that he had purchased to advertise the sale. He said
he would like to see a system where residents were notified on the first offense rather than
having their signs confiscated by the City. Enger replied that the amendment would allow one
offsite sign on private property, but, since garage sale signs will not be permitted on city-owned
right of way, the confiscated signs probably had been placed on City-owned property.
Councilmembers asked Staff to check into the possibility of retaining confiscated signs for some
period of time to allow owners to reclaim them.
William Byrnes, Riviera Court, said he was concerned about the modification allowing
temporary placement of builder signs on private property and showed a photograph of a large
group of such signs as they were placed recently. He expressed concern about a possible
conflict of interest with Councilmember Pidcock's use of real estate company signs and her vote
on this motion. Pidcock said that, while she has been advised that she would have the right to
vote on this issue, she has chosen to abstain.
Gerard Wersal, 12645 Sunnybrook Road, said he thought there could be alternative ways to
advertise homes in new development such as using directional signs similar to those at shopping
malls or having regular announcements on public radio and TV.
Molly Vollmer, representing the Builder's Association, said there has been an adverse effect on
their sales during the past year when no signs have been allowed. She said all of the builders
in Eden Prairie are anxious for a decision to be made on this issue.
Doug McNamara, representing Mason Homes, said it is important to be able to direct traffic into
new neighborhoods where the street names are very new and may not yet be on city maps.
Bill Gerst, representing the Minneapolis Area Realtors Association, said they support the
compromise decision.
MOTION: Harris moved, seconded by Anderson, to continue the Public Hearing to the June
21st meeting inasmuch as there would not be the required four votes at tonight's meeting.
Motion carried with Pidcock abstaining.
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 R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and
City Council Minutes 4 June 14, 1994
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 Item from
4-5-94, 4-19-94, 5-3-94, and 5-17-94
Enger said the Planning Commission and the Parks, Recreation & Natural Resources
Commission had recommended denial of the project due to its wetland impact and, at the April
5 meeting, Councilmembers identified a number of other areas for further review by staff and
the proponent. He said proponent has returned to the Council with the original proposal and
with an alternative in which the wetland impact is reduced from .31 acres to .16 acres but with
several variances required. He said Staff believes that the visual difference would not be
significant in the total 2-acre wetland area along Purgatory Creek and that they prefer the
original proposal without variances.
Barry Post, Post Construction, and Peter Knaebele, project engineer, reviewed the proposal.
Ron Peterson, wetlands consultant, said they are negotiating on a number of sites for the
wetlands mitigation that is required; however, the Corps of Engineers will have to approve the
mitigation.
Scott Wallace, 12465 Sunnybrook Road, thought the real issue is who will monitor the
mitigation of the wetlands.
Gerard Wersal, 12645 Sunnybrook Road, said five homes would be a reasonable use of the
property, then no fill would be required. He said the proponent has not demonstrated a need
for filling the wetlands except for financial reasons.
Lovene Russell, 12101 Sunnybrook Road, said one of the proposed mitigation sites is behind her
garden area and no one has been able to assure her that there would not be any drainage
problems on her property as the result of mitigation there.
Councilmembers asked for clarification about the role of the Watershed District in approving the
wetlands mitigation and the timing requirements for approving or denying the Preliminary Plat.
Dietz said the Watershed District is the LGU; however, he believed that the Council's direction
on the matter would have an influence on the Watershed District. Pauly said the Watershed
District could consider the application prior to Preliminary Plat approval, and continuing the
action on the Preliminary Plat more than 120 days requires the agreement of the developer.
Councilmembers expressed concern about the extended length of time this proposal has been
under consideration, the proponent's not returning with a compromise as the council requested,
and how the wetland rules have different effects in urban versus rural situations.
Due to the lack of the required four-vote majority, the Council asked Post Construction to agree
to continue the hearing to June 21st. Post Construction agreed.
MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and continue the
item to the June 21 st meeting. Motion carried unanimously.
City Council Minutes 5 June 14, 1994
C. CREEKYIEW ACRES 1ST ADDITION by Nedal Y. Abul-haJ. Request for Zoning Change
from Rural to R1-13.5 and Preliminary Plat of 3.46 acres into 7 single family lots. Location:
12675 Sunnybrook Road. (Ordinance for Zoning Change from Rural to R1-13.5 and
Resolution for Preliminary Plat)
Ed Hasie, representing Westwood Professional Services and Nedal Y. Abul-Hajj, reviewed the
proposal. Enger said the Planning Commission recommended approval of the proposal with
changes which the proponent has now incorporated into the plans. Lambert said the Parks,
Recreation &Natural Resources Commission approved the project on a 4-3 vote after continuing
it once to have the Engineering Dept. discuss the grading plans for two of the lots.
Councilmembers questioned the close vote by the Parks Commission. Lambert said the three
individuals who voted "no" were concerned about grading in proximity to the creek which might
cause erosion or washout during heavy rains.
John Frank, 9416 Nemec Knoll Road, asked for assurance from the developer that they would
cover the costs for both constructing and removing the temporary cul-de-sac.
Roland Peterson, 9507 Creekwood Drive, said he was concerned about the effect of the
development on Sunnybrook Road because it is not paved and there is heavy parking in the street
around the park. He was also concerned about the possible effect of run-off from two of the
lots.
Dietz said it may be time to recommend that the Council authorize a Feasibility Study for
Sunnybrook Road since it will be necessary at some point because of the storm water issues and
the issue of how the roads connect.
MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing; to approve 1st
Reading of the Rezoning Ordinance; to adopt Resolution#94-88, approving the Preliminary Plat;
and to Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations and including the requirement to cover the cost of the construction and
removal of the temporary cul-de-sac and with the further direction that Staff monitor erosion
control at the project so that the grading does not cause erosion problems. Motion carried
unanimously.
D. GALARNEAU/SHADY OAK BUSINESS CENTER by Interstate Detroit Diesel. Request for
Zoning District Change from Rural to Office on 7.42 acres, Rural to Neighborhood Commercial
on 3.74 acres, Planned Unit Development Concept Review on 18.4 acres, Planned Unit
Development District Review on 18.4 acres, Preliminary Plat of 18.4 acres into 7 lots and 1
outlot and Site Plan Review on 18.4 acres. Location: Old Shady Oak Road and Rowland Road.
(Ordinance for Zoning District Change from Rural to Office on 7.42 acres, Rural to
Neighborhood Commercial on 3.74 acres, Planned Unit Development District Review on
18.4 acres, Resolution for Planned Unit Development Concept Review and Resolution for
Preliminary Plat)
Walt Case, project architect, reviewed the project. Enger noted that the Council approved the
Guide Plan Amendment for this area on February 1, 1994 and that this proposal is consistent
City Council Minutes 6 June 14, 1994
with what was envisioned at the time of that action. He said the Planning Commission and the
Parks, Recreation & Natural Resources Commissions have approved the project. Residents on
Cherokee Trail have expressed concern about cut-through traffic and have requested that
Cherokee Trail become a cul-de-sac. Staff has promised to monitor the traffic patterns after
construction and determine if changes will be necessary.
Rick Ahmann, 6604 Golden Ridge Drive, thanked the Council, Staff and proponent for their
efforts to confer with residents and answer some of the issues presented.
Roger Hankey, 11833 Thornhill Road, said he was uncertain about what events will occur now
with the development. Tenpas reviewed the approval process for him.
MOTION: Harris moved, seconded by Anderson, to close the public hearing; to approve 1st
reading of the PUD District Review and Ordinance for rezoning; to adopt Resolution #94-89,
approving the PUD Concept Review; to adopt Resolution #94-90, approving the Preliminary
Plat; to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations; and to grant a grading permit prior to 2nd Reading at the Developer's risk.
Motion carried unanimously.
E. VACATION 94-04, DRAINAGE AND UTILITY EASEMENT OVER PART OF
BEARPATH ADDITION (Resolution)
Jullie said this is essentially a housekeeping item as easements need to be vacated and new ones
dedicated due to replatting of property.
There were no comments from members of the audience.
MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to adopt
Resolution #94-91, vacating the drainage and utility easements. Motion carried unanimously.
F. VACATION 94-03 UTILITY EASEMENT OVER PART OF OUTLOT B. EDENVALE
8TH ADDITION (Resolution)
Jullie said this also is a housekeeping item as an easement for a watermain extension obtained
in 1974 is no longer needed to serve the new Bent Creek residential subdivision because the
watermain service is available at another location.
There were no comments from the audience.
Councilmembers questioned whether the property is buildable and what will happen to it. Dietz
said it is buildable and is part of Outlot B on the Bent Creek project which has been submitted
for approval.
MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to adopt
Resolution #94-92, vacating the utility easement. Motion carried unanimously.
City Council Minutes 7 June 14, 1994
VI. PAYMENT OF CLAIMS
MOTION: Harris moved, seconded by Anderson, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson, Harris, Pidcock, and Tenpas voting "aye."
VH. ORDINANCES AND RESOLUTIONS
A. 2ND READING OF ORDINANCE AMENDING REGULATION OF TOBACCO-
RELATED PRODUCTS
The Food Operations Supervisor for Tom Thumb Stores, was concerned about the regulation
prohibiting the sale of cigarettes from counter displays and prohibiting 16 or 17 year olds from
selling tobacco-related products and he was also concerned about the major increase in the
license fee and he believed that we should educate, not legislate. Councilmembers explained that
the ordinance was intended to help keep tobacco-related products out of the hands of minors and
then reviewed the statistics gathered by the City and other groups around the country regarding
the increasing use of such products by minors. Tenpas suggested that he confer with staff so
that they can work with him in dealing with the effects of the ordinance in the stores.
MOTION: Pidcock moved, seconded by Anderson, to approve 2nd Reading of Ordinance#21-
94, amending regulations of tobacco-related products. Motion carried unanimnously.
B. ANIMAL REGULATIONS AMENDMENT (Ordinance)
Jullie said the Police Department Support Operations has worked with the legal staff to develop
a draft ordinance which would give clearer definitions for animal regulations and provide
additional tools and some quantitative measures to enforce Code regulations, including
prohibiting wild and exotic animals and subjecting cats to the same leash law as dogs.
Kathy Wagle, 10928 Jackson Drive, said she is concerned about the increasing cat population
and making cat owners more responsible for their pets. She said she got many signatures when
she circulated a petition around her neighborhood that showed support for the new regulations.
Helen Richter, 7571 Bittersweet, said her cat is trained to stay on her property and that cats are
useful in controlling the mice population. She said she would favor licensing after cats have
received their shots.
Loretta Bode, 18991 Kristie Lane, said cats are predatory animals and they have problems with
leashes. She recommended using alternative means of deterring cats from areas such as
sandboxes.
Mitch Schneider, Animal Control Officer, said they have no staff to patrol for stray animals.
Councilmembers explained that the ordinance was prompted by a need to have a recourse to deal
with a few nuisance animals that are causing problems in the City.
City Council Minutes 8 June 14, 1994
Karen Farish, 6264 St. Johns Drive, Michael McGuire, 6982 Boyd Avenue, Linda Martin, 6752
Wakefield Drive, Nancy Nicklay, 16011 Lakeshore Drive, Arlene Gulch, Walnut Court, and
Roland Peterson, 9507 Creekwood Drive, spoke in favor of the ordinance, citing reasons such
as health problems caused by stray cats and preserving personal rights.
Craig Renier, 6795 Woodhill Road, said he thought the changes could be dangerous and might
lead to calls reporting such wildlife as garden snakes. Tenpas suggested he talk to Mitch
Schneider about those changes.
MOTION: Pidcock moved, seconded by Harris, to approve the 1st Reading of the Ordinance
to amend sections of the City Code relating to animal regulations. Motion carried
unanimously.
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. PROPOSAL TO TRANSFER CAMP EDENWOOD LEASE FROM ARC TO FRIENDSHIP
VENTURES
Georgiana Ramsey, representing Friendship Ventures, reviewed the proposal to transfer the lease
for Camp Edenwood from ARC to Friendship Ventures. She said they are a non-profit public
service organization that provides services to children and adults with developmental disabilities,
and ARC wants to transfer its programs and assets at Camp Edenwood to her organization.
Lambert said the Parks, Recreation & Natural Resources Commission recommended approval
of this proposal at its June 6 meeting.
Councilmembers questioned how Friendship Ventures is funded. Ramsey said they are funded
primarily through individual donations and service fees as well as foundation grants.
MOTION: Pidcock moved, seconded by Anderson, to authorize execution of the transfer of
the lease for Camp Edenwood from the ARC of Hennepin County to Friendship Ventures.
Motion carried unanimously.
B. PETITION FROM BENT CREEK FOR GOOSE REMOVAL
Jullie reviewed the petition that has been received from Bent Creek Golf Club requesting that
Canada geese be relocated under the program conducted by Dr. Cooper and the University of
Minnesota. Lambert said the Parks, Recreation & Natural Resources Commission has
considered this request and recommended that the goose removal be permitted.
MOTION: Pidcock moved, seconded by Anderson, to authorize the proper removal of Canada
geese by Bent Creek Golf Club. Motion carried unanimously.
IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
City Council Minutes 9 June 14, 1994
X. APPOINTMENTS
A. ARTS COMMISSION Appointment of 1 member to the Arts Commission to fill an
unexpired term to 2/28/95
Joe Howard was nominated for the vacant position on the Commission.
MOTION: Pidcock moved, seconded by Hams, to appoint Joe Howard to fill the unexpired
term on the Arts Commission. Motion carried unanimously.
B. FLYING CLOUD AIRPORT ADVISORY COMMISSION Appointment of 1 Flying Cloud
Business Representative to fill an unexpired term to 2/28/95
MOTION: Harris moved, seconded by Anderson, to continue this appointment to the July 5th
meeting. Motion carried unanimously.
C. SOUTHWEST METRO TRANSIT COMMISSION Appointment of 1 citizen member to the
Southwest Metro Transit Commission to fill an unexpired term to 12/94
MOTION: Pidcock moved, seconded by Anderson, to continue this appointment to the June
21st meeting. Motion carried unanimously.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Memorial DU Parades
Pidcock said she would like Staff to investigate how we might begin to celebrate
Memorial Day with a parade or other activity in the City .
B. REPORT OF CITY MANAGER
1. Organizational Changes
Jullie reviewed proposed organizational changes that would consolidate the activities
currently being performed in nine departments into five major departments or areas of
activity. Part of the changes would be to appoint Chris Enger as Assistant City Manager
and director of the Department of Community and Economic Development. This would
create opportunities for Staff to cross train, provide for job growth and streamline the
processes that involve multiple departments. He said the target date for the
reorganization will be August 1.
Councilmembers noted that this reorganization would benefit the citizens, and would be
a move to improve the efficiencies of the organization and clarify the functions that have