HomeMy WebLinkAboutCity Council - 03/07/1995 1VIINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 7, 1995 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
COUNCH Y]EMBERS: Mayor Jean Harris, Ronald Case, Patricia
Pidcock,Ross Thorfinnson, Jr. and Nancy Tyra-
Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Natural Resources Bob Lambert,
Director of Public Works Gene Dietz, City
Attorney Roger Pauly, and Council Recorder Jan
Nelson
ROLL CALL
Mayor Harris called the meeting to order at 7:30 p.m. All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added item XI.A.1. Icy Sidewalks. Case added item XI.A.2. Tour of New
History Museum. Jullie added item XI.C.2. Approve Purchase Agreement for Peter
George Property and deleted item XI.E.1 Resolution Receiving Feasibility Report for
Sunnybrook Road Street and Utility Improvements, I.C. 94-5363.
MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Agenda as
presented and revised. Motion carried unanimously.
H. OPEN PODIUM
M. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 1995
MOTION: Thorfinnson moved, seconded by Pidcock, to approve the minutes
from the City Council meeting held Tuesday, February 21, 1995. Motion
carried unanimously.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
City Council Minutes - 2 - March 7, 1995
B. 2ND READING OF ORDINANCE NO. 4-95 AMENDING CITY CODE
CHAPTER 5, SECTION 5.35, SUBD. 2 AND AMENDING SUBD. 5.B.,
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 (Tobacco Sales)
C. 2ND READING OF ORDINANCE NO. 6-95 REPEALING SECTIONS 5.31,
5.32 AND 5.38 OF THE CITY CODE
D. METRO PRINTING Adoption of Resolution 95-37 Approving Site Plan for
Metro Printing. Location: Equitable Drive and Valley View Road. (Resolution
95-37 for Site Plan Review)
E. RESOLUTION 95-38 APPROVING FINAL PLAT OF BENT CREEK
WOODS 3RD ADDITION (located north of Valley View Road adjacent the
Bent Creek Golf Course)
F. RESOLUTION 95-39 APPROVING FINAL PLAT OF BEARPATH 4TH
ADDITION (located west of Dell Road and east of Wynstone Pass)
G. RESOLUTION 95-40 AMENDING FEE RESOLUTION: ADDITIONAL
CONNECTION FEE - FRANLO ROAD AND TRUCK OVERWEIGHT
PERMIT FEE
H. RESOLUTION 95-41 APPROVING CONDITIONAL USE AGREEMENT
WITH HENNEPIN COUNTY FOR THE SOUTHWEST UTILITY PHASE
II
I. REQUEST AUTHORIZATION TO PREPARE PLANS AND
SPECIFICATIONS AND OBTAIN BIDS FOR DEHUMIDIFICATION
SYSTEM FOR RINK 1 AT COMMUNITY CENTER
Regarding item E, Tyra-Lukens said she did not believe the Council directed that
street names had to be approved by the Heritage Preservation Commission, rather
the direction was that the Commission's role was to suggest names.
Councilmembers and Staff discussed how the Heritage Preservation Commission
might be brought into the street naming process without unduly prolonging the
development review process. The consensus was that the Commission would
continue to have input through the Staff Development Review Committee, with
a review of the situation in six months.
For item I, Tyra-Lukens questioned the use of general funds and replenishing cash
park fees with general funds. Lambert said Staff and the Parks Commission have
recommended the use of general funds, noting that they will be replenished at the
budget hearings next year.
MOTION: Pidcock moved, seconded by Case, to approve items A-D, amended
item E, and items F-I on the Consent Calendar. Motion carried unanimously.
City Council Minutes - 3 - March 7, 1995
V. PUBLIC HEARINGS/MEETINGS
A. BRYANT POINTE TWO by Dean Holasek. Request for Zoning District Change
from Rural to R1-13.5 and Preliminary Plat of 1.15 acres into 2 lots and road
right-of-way. Location: Rowland Road and Orchard Hill. (Ordinance 8-95 for
Zoning District from Rural to R1-13.5 and Resolution 95-42 for Preliminary
Plat)
Dean Holasek reviewed the project.
Enger said the Planning Commission reviewed this project on February 13, 1995,
and recommended approval on a unanimous vote, subject to the recommendations
of the Staff Report of February 10, 1995. Lambert said the Parks Commission
reviewed the project at the March 6, 1995 meeting and recommended approval,
subject to the recommendations of the Staff Reports of February 10 and February
27, 1995.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public
Hearing; to approve 1st Reading of Ordinance 8-92 for Zoning District Change
from Rural to R1-13.5; to adopt Resolution 95-42 for Preliminary Plat Approval;
and to direct Staff to prepare a Development Agreement incorporating
Commission and Staff recommendations. Motion carried unanimously.
B. BEARPATH CLUBHOUSE by Bearpath Limited Partnership. Request for
Planned Unit Development Concept Review on 435 acres, Planned Unit
Development District Review on 10.2 acres, Zoning District Amendment in the
Rural Zoning District on 10.2 acres and Site Plan Review on 10.2 acres.
Location: 18100 Bearpath Trail. (Resolution 95-43 for PUD Concept Review
and Ordinance 9-95 for PUD District Review and Zoning District
Amendment)
John Vogelbacher, representing Bearpath, reviewed the project.
Enger said the Planning Commission recommended approval of the project on a
unanimous vote at the February 13, 1995 meeting, subject to the
recommendations of the Staff Report of February 10, 1995. Lambert said the
Parks Commission also recommended approval on a unanimous vote at the March
6, 1995, meeting, subject to the recommendations of the Staff Report of February
10, 1995.
Councilmembers expressed concern about the number of trees that will be lost
because of the parking lot. Vogelbacher said the project was actually designed
in the field in order to save many of the significant trees.
City Council Minutes - 4 - March 7, 1995
Councilmembers questioned whether the trails through the project hook up with
the public trails and if part of the request is for a waiver for the entry sign.
Enger said the sign waiver is part of the PUD process. Vogelbacher said the
trails shown on the plans are cart paths, and there are no public trails through the
clubhouse portion of the development.
Councilmembers expressed concern about setting a precedent by granting a waiver
for a sign that is larger than is normally allowed, that proponent did not simply
design a sign that would fit within the size allowed by the sign ordinance, and
that drawings of the proposed sign were not included with the project material
when a waiver is being requested for the sign as part of the project. Enger said
this is not a large issue based on the size of the project and the relatively small
number of signs to be placed in the project, noting that a similar waiver was
granted for Eden Prairie Center. Vogelbacher displayed an elevation of the
proposed sign. Enger reviewed the details of the size restrictions and how this
design deviates from those restrictions.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to
approve 1st Reading of Ordinance 9-95 for Planned Unit Development District
Review and Zoning District Amendment on 10.2 acres; to adopt Resolution 95-43
for Planned Unit Development Concept Review; and to direct Staff to prepare a
Development Agreement incorporating Commission and Staff recommendations
Motion carried unanimously.
Councilmembers requested that if a waiver is requested as part of a future project
appropriate drawings be included with the packets.
C. RESOLUTION 95-44 APPROVING PROTECTED USE OF FUNDS FOR
YEAR 1995 URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS
SUBMITTAL
Lindahl noted there is a bill before the U.S. Congress proposing to rescind some
of the CDBG funding, so some of these funds could be cut back.
Councilmembers questioned how many families will be assisted by the rental
housing project, what would happen if some of the CDBG funds were rescinded,
and whether there was any discussion of setting aside some of the day care funds
for emergencies. Lindahl said a 32-unit project is under consideration, that the
Council would review the situation if funds are rescinded in order to determine
how to handle any cuts, and that, if the amount needed for emergencies can be
identified, we could reallocate a portion for the Eden Prairie HOPE program.
City Council Minutes - 5 - March 7, 1995
Councilmembers questioned the amount set aside for transportation and how that
amount was arrived at. Lindahl said the Human Rights & Services Commission
had concerns about the need for expanded transportation services for the elderly
and low income residents, and this amount was the remainder of the total funds
available after the requests were received. He said they will probably discuss the
transportation issue with Southwest Metro.
There were no comments from the audience.
MOTION: Case moved, seconded by Pidcock, to close the Public Hearing; and
to adopt Resolution 95-44 approving the 1995 Community Development Block
Grant (CDBG) activities as recommended by the Human Rights & Services
Commission.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims
as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson,
Tyra-Lukens and Harris voting "aye."
VH. ORDINANCES AND RESOLUTIONS
VHl. PETITIONS. REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
A. PRESENTATION ON MINNETONKA SCHOOL DISTRICT'S YOUTH
INITIATIVE PROGRAM
Janice Callison, representing the Minnetonka City Council and the Minnetonka
School District, reviewed the information obtained about youth of our area and
the goals of the recent initiative undertaken by the Minnetonka School District.
She encouraged attendance at a meeting of the various local governments and the
Minnetonka School District on March 15, 1995 at the Minnetonka Community
Center.
Councilmembers discussed how this initiative compares with the Youth At Risk
program in Eden Prairie and asked if this was also being presented to the Eden
Prairie School District. Callison said she did not believe it was being presented
to the School District.
X. APPOINTMENTS
A. Human Rights & Services Commission/Human Services Committee -
Appointment of 3 members: 2 Appointments for three-year terms, and 1
appointment to fill an unexpired term to 2/28/97 (Continued from February 21,
1995)
City Council Minutes - 6 - March 7, 1995
B. Human Rights & Services Commission/Human Rights Committee -
Appointment of member for a three-year term (Continued from February 21,
1995)
C. Human Services Committee-Appointment of 2 members for undetermined terms
(Continued from February 21, 1995)
MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue these
appointments to the March 21, 1995 Council meeting. Motion carried
unanimously.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Icy Sidewalks
Pidcock asked to continue this to the next meeting when she would have
her notes with her.
2. Tour of New History Museum
Case suggested that the Council take 15 minutes prior to the next scheduled
Council meeting for an escorted tour of the newly-opened History
Museum. The other Councilmembers agreed.
B. REPORT OF CITY MANAGER
1. Proposed Topics and Schedule for City Council/Staff Workshops
Case said he would like to see a discussion of the process used to appoint
members of the Boards and Commissions prior to the December 19th
workshop on the Appointment Process.
Tyra-Lukens said she would like to have a second session on the City
Budget in order to talk about the process Jullie said the session planned
for April 25 was scheduled in response to the budget of last fall and the
freezing of$400,000 in appropriations. He said another session could be
scheduled to discuss the whole budget process.
Pidcock said she has schedule conflicts with the April 25, May 6 and June
20 dates.
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL
RESOURCES
City Council Minutes - 7 - March 7, 1995
1. Recommendation regarding Proposal for Center for the Arts
Lambert said one proposal was received in response to the Request for
Proposal for operating a center for the arts in Eden Prairie. As outlined
in the Staff Memorandum of January 20, 1995, to the Arts Commission
reviewing the one proposal received, Staff made six recommendations
regarding renovation of the Boyce house for use as an Art Center,
conducting a citywide survey, and funding for the operation of the Art
Center. Lambert said the Arts Commission supported the first five Staff
recommendations and will consider the sixth recommendation after their
Strategic Planning Retreat on March llth.
Councilmembers expressed concern about the issues raised regarding
classes offered. Lambert said they would like to provide a variety of
programs for citizens; however, the private group has the gallery as their
main focus, with programs offered on the side. He said the survey should
help provide input as to what citizens want from the facility.
Councilmembers questioned whether the recommendation is for a two-year
trial, if there will be a formal proposal forthcoming about use of the
Boyce property, and whether the proposal is for the City to fund the
renovation of the building. Lambert said the input they received from
surrounding communities indicate that we should have a good idea after
two years whether it is what we want. He said Staff is recommending that
a final proposal not be developed until after the survey is completed and
that we authorize the plans and specifications for the facility in order to
get some cost estimates without actually committing to the construction.
MOTION: Pidcock moved, seconded by Tyra-Lukens,to receive the Staff
Report of January 20, 1995 regarding the Center for the Arts and to direct
implementation in accordance with Recommendations 1-5 thereof.
Motion carried unanimously.
2. Approve Purchase Agreement for Peter George Property
Lambert said Staff has drafted a purchase agreement for the purchase of
the Peter George property. The closing date is March 15, 1995.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve
Resolution 95-45 authorizing the Mayor and City Manager to execute the
Purchase Agreement for the Peter George property and authorizing the
commencement of proceedings under eminent domain if the Purchase
Agreement is not agreed upon. Motion carried unanimously.
D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT
City Council Minutes - 8 - March 7, 1995
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Resolution Receiving Feasibility Report for Sunnybrook Road Street
and Utility Improvements, I.C. 94-5363
Item deleted from Agenda.
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XM. ADJOURNMENT
MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion
carried unanimously. Mayor Harris adjourned the meeting at 9:15 p.m.