Loading...
HomeMy WebLinkAboutCity Council - 08/20/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 209 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: 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 & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Tyra-Lukens was absent. Councilmember Thorfmnson arrived at 7:50 p.m. I. APPROVAL.OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Pidcock moved, seconded by Case, to approve the Agenda as published. Motion carried unanimously. H. OPEN PODIUM III. MENUM A. CITY COUNCIL/ TOLL ROAD MEETING HELD TUESDAY, UTLY 30, im MOTION: Case moved, seconded by Pidcock, to approve the Minutes of the City Council/Toll Road Meeting held Tuesday, July 30, 1996, as published. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 6, 1996 Case asked that page 6, paragraph 3, be changed to "...since this is one of the few undeveloped farm sites...." Harris noted page 14, paragraph 3, should state "...for the toll road a chance to be heard" and page 14, paragraph 4, "He was not sure about the funding issue..." Harris asked that page 13, paragraph 4, be completely revised as follows: "Harris stated that the two issues before the Council were 1) Do we need and want CITY COUNCIL MINUTES August 20, 1996 Page 2 to have Highway 212 built as soon as possible; and, 2) If the current toll road proposal is a condition we are willing to accept in return for early and certain construction of Highway 212. She stated that the preponderance of testimony, letters, and phone calls indicate the need for 212, with construction as early as possible. The disagreement is on the proposal for financing of the road. She further indicated that the toll road discussion really belongs at the level of the State. If tolling is the preferred method for constructing highways in the future, it should be clearly articulated and promoted. Harris believed that our need for the immediate and total construction of Highway 212 is pressing; but perhaps not so desperate that the Council need accept what might possibly become the only toll road in the entire State of Minnesota. She also felt we have yet to hear a clear expression of the intent to use tolls as a method of supporting future State Highway construction. Harris asked whether the Council had heard sufficient information that would lead them to cancel the second Public Hearing because of lack of support for the philosophy of tolling on Highway 212. She felt Council should proceed with the scheduling of the second Public Hearing to continue the information gathering prior to taking a vote. Hams emphasized if we were to vote to veto the "toll road" and the second Public Hearing, it should be done with a clear understanding that the Council is not voting on the proposal which MnDot has yet to send forward, but rather on the philosophical issue of tolling. Lastly, she indicated that from information currently available, MnDot could possibly fund the westward extension of TH 212, perhaps all the way into Carver County. Harris pointed out, we would not be getting the whole loaf, but we would be getting relief. Harris added in summary, if the Council proposes to send a signal to MnDot to return to traditional funding, it must also clearly emphasize that the issue is not the need for 212, but rather its discomfort and that of its citizens with the funding proposed for its construction. MOTION: Case moved, seconded by Pidcock, to approve the Minutes of the City Council meeting held Tuesday, August 6, 1996, as published and amended. Motion carried unanimously. IV. CONSENT CALENDAR A. MITCHELL VILLAGE by Centex Homes. 2nd Reading of Ordinance 27-96- PUD-10-96 for PUD District Review on 41 acres and Zoning District Change from RM-2.5 to RM-6.5 on 19.65 acres and Approval of a Developer's Agreement for Mitchell Village by Centex Homes. Location: Anderson Lakes Parkway and Mitchell Road. (Ordinance 27-96-PUD-10-96 for PUD District Review and Zoning District Change) B. 2ND READING OF ORDINANCE 32-96 AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.72, RELATING TO THE EMERGENCY SECURING OF BUILDINGS AND ADOPnN T BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 CITY COUNCIL MINUTES August 20, 1996 Page 3 C. OLYMPIC RIDGE HOUSING PROTECT SUPPLEMENTAL INDENTURE- Authorization to execute a First Supplemental Indenture of Trust for the City of Eden Prairie, Minnesota, for Multi-Family Housing Revenue Refunding Bonds, Series 1995A (Resolution 96-131) D. AGREEMENT REGARDING SPECIAL ASSESSMENTS AND RFSOLU'1_'_TON OF ABATEMENT FOR SPECIAL,ASSESSMENTS FOR LOT 3, BLOCK 2, MAPLE LEAF ACRES 9TH ADDITION (Resolution 96-132) E. AUTHORIZATION OF A SCHOOL SPEED LIMIT OF 20 MPH ON A PORTION OF BRAXTON DRIVE ADJACENT TO CEDAR RIDGE ELEMENTARY SCHOOL (Resolution 96-133) F. APPROVAL OF WINTER USE FOR LRT TRAIL G. APPROVAL OF RECOWAUSDATION FOR POLICY ON CHARGING FOR ELECTRICAL USE IN PARKS H. 2ND READING OF DUCK LAKE SURFACE MANAGEMENT ORDINANCE 33-96 I. RESOLUTION 96-134 RETECTING BIDS FOR PHEASANT WOOD PARK PLAYGROUND EQUIPMENT MOTION: Pidcock moved, seconded by Case, to approve items A-I on the Consent Calendar. Motion carried unanimously. The Council then took items VI and VII out of sequence in order to postpone the Public Hearings until the arrival of Councilmember Thorfinnson. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 330. TO BAN LAWN IRRIGATION BETWEEN THE HOURS OF 12:01 PM AND 5:00 PM 7ullie reviewed the proposed Ordinance that will revise City Code Section 3.30, Subd. 6 to ban turf irrigation between the hours of 12:01 PM and 5:00 PM. This is the period of time when the volume of water in the City's water system is dropping and the highest percentage of water used for irrigation is lost to CITY COUNCIL MINUTES August 20, 1996 Page 4 evaporation. Banning irrigation during these afternoon hours reduces overall evaporation loss, and allows the water plant to catch up with the high water demand which occurs during the day. The Ordinance revision is recommended by the Environmental &Waste Management Commission. Case asked how we intend to publicize the change. Dietz said we will put a brochure into the utility billing envelopes. Case noted the utility billing is a cycle billing, so we must be looking at this change for next year. Dietz said he thought the press would pick up on it tonight; however, by the time it is approved it will be September, so we will really have until next spring to publicize it. Case asked what the penalty will be and how the ordinance will be enforced. Dietz said the ordinance allows a surcharge to be added to the utility billing; however, he suggested the Environmental & Waste Management Commission discuss the issue of penalty and enforcement because there had been some discussion about changing from a surcharge to ticketing. Case asked how many people have been penalized this past season. Dietz said they have never issued a surcharge. Harris asked how we identify a violation. Dietz said we get calls from neighbors, then we go out and put a notice on the door of the violator. Pidcock asked how the City facilities, the School District, and other governmental bodies will be affected by the ban. Dietz said there is a real problem with individual and commercial underground sprinkler systems. There will be some conversation at the Staff meeting and we will probably have some more in-house training. Case stated his support that the Environmental &Waste Management Commission work on the problem that we have an ordinance that is recognized as not often enforced. He wanted the Commission to research the enforcement options and to provide their recommendations for enforcement to the Council. MOTION: Case moved, seconded by Pidcock, to approve 1st Reading of an Ordinance amending City Code, Section 3.30, to ban lawn irrigation between the hours of 12.01 PM to 5:00 PM. Motion carried unanimously. Councilmember Thorfinnson arrived at 7:45 p.m. V. PUBLIC HEARINGS/MEETINGS A. KOPESKY ADDITION by Wayne Kopesky. Request for Rezoning from Rural to R1-13.5 on 5.32 acres and Preliminary Plat of 5.32 acres into 13 lots. Location: West 82nd Street. (Ordinance for Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) CITY COUNCIL MINUTES August 20, 1996 Page 5 Jullie noted this item was continued from the August 6, 1996 Council meeting at the request of the proponent. Proponent is requesting another continuance to October 1, 1996. MOTION: Pidcock moved, seconded by Case, to continue the Public Hearing to the October 1, 1996 City Council meeting. Motion carried unanimously. B. L IL'RED GAS PUMPS by John Richmond. Request for Site Plan Review on 1.49 acres and Preliminary Plat of 1.49 acres into 1 lot and road right-of-way. Location: Southeast corner of Valley View Road and County Road 4. (Resolution 96-135 for Preliminary Plat) John Richmond, representing proponent, reviewed the request to replace the gasoline facilities at Lil' Red. Enger said the Planning Commission recommended approval of the request on a 6-0 vote at the July 22, 1996, meeting, subject to the recommendations of the Staff Report of July 19, 1996. The request was not reviewed by the Parks, Recreation &Natural Resources Commission. Pidcock asked if the State Environmental Agency reviews such requests when gas pumps go in. Dietz said there is oversight by the State. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing; to adopt Resolution 96-135 for Preliminary Plat of 1.49 acres into 1 lot and road right-of-way; and to direct Staff to prepare a development agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. BENT CREEK COVE by Taurus Properties Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.5 acres, Planned Unit Development District Review on 2.5 acres, Zoning District Change from R1-13.5 to R1-9.5 on 2.5 acres and Preliminary Plat of 2.5 acres into 10 lots. Location: Valley View Road and Howard Lane. (Resolution 96-136 for Comprehensive Guide Plan Change, Ordinance for PUD District Review and Zoning District Change and Resolution 96-137 for Preliminary Plat) Duane Dietrich, representing Taurus Properties, reviewed the proposal for patio homes on 10 single family lots with lot size and setback waivers, at a density of 4 units per acre. The development will be similar to homes on Shady Oak Road. He distributed photos of those homes. It will be mid- to upper-level housing that will start at$300,000. Enger said the Planning Commission reviewed the proposal at the July 22, 1996 meeting and recommended approval on a 6-0 vote, subject to the recommendations CITY COUNCIL MINUTES August 20, 1996 Page 6 of the July 19, 1996 Staff Report. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the proposal at the August 6, 1996, meeting and recommended approval on a 5-1 vote. The Commissioner voting against the proposal was concerned about the shoreline variance and the number of lots. The Commission also wanted to see where the snow removed from the trail would be placed. Dietrich pointed out the space on the west side of the development that is unusable because of the number of easements that are located there. That will be the area used for snow removal. Lambert said the Commission's concern was where the snow would be placed when the City blows snow off the sidewalks along Valley View Road. Dietrich said there are nine or ten feet of City property between their boundary and the edge of the sidewalk. Lambert asked if the vegetation along that area would be harmed. Dietrich said they plan to put trees along the wall but only grass on the City property. Paul Olson, 8899 Flesher Circle, asked if there are any plans for including affordable housing in this proposal. Harris said we are asking developers to include that type of housing on a voluntary basis. Enger said this proposal is part of the over-all Edenvale PUD which is one of the larger original PUD's in the City and has a number of affordable housing units, including one that is subsidized Section 8 housing. This project of ten lots does not meet the policy specifically; however, we do talk to each developer about the goal for affordable housing. MOTION: Case moved, seconded by Pidcock, to close the Public Hearing; to approve lst Reading of an Ordinance for Zoning District Change from R1-13.5 to R1-9.5 on 2.5 acres; to adopt Resolution 96-136 for Comprehensive Guide Plan Change on 2.5 acres; to adopt Resolution 96-137 for Preliminary Plat on 2.5 acres; and to direct Staff to prepare a development agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. STARING LAKE TOWNHOUSES PHASE II by Pulte Homes. Request for Comprehensive Guide Plan Change from Low, Medium and High Density Residential and Office to Medium Density Residential on 35.58 acres, Planned Unit Development Concept Review on 35.58 acres, Planned Unit Development District Review on 35.58, Rezoning from Rural to RM-6.5 on 35.58 acres, Site Plan Review on 35.58 acres, and Preliminary Plat of 35.58 acres into 112 lots and 3 outlots. Location: Anderson Lakes Parkway and Staring Lake Parkway. (Resolution 96-138 for Comprehensive Guide Plan Change, Resolution 96-139 for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to RM 6.5 and Resolution 96-140 for Preliminary Plat) Gary Grant, representing Pulte Homes, said this is the same plan as was brought CITY COUNCIL A104UTES August 20, 1996 Page 7 forth with Phase I and said they were available for questions. Enger said the Planning Commission reviewed the proposal at the August 12, 1996 meeting, and recommended approval on a 6-0 vote, subject to the recommendations of the August 9, 1996, Staff Report. The Parks Commission did not review the proposal. Enger noted that this is the same project that was approved by the Council at the Public Hearing for Phase I of the project. Proponent displayed the boards that showed the variety of colors and textures that will be used on the building exteriors. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Review and Zoning District Change from Rural to RM-6.5 on 35.58 acres; to adopt Resolution 96-138 for Comprehensive Guide Plan Change on 35.58 acres; to adopt Resolution 96-139 for PUD Concept Review on 35.58 acres; to adopt Resolution 96-140 for Preliminary Plat. on 35.58 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VM. PETITIONSOREQMIS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SENIOR ISSUF_S TASK FORCE - 5TH QUARTERLY REPORT.FROM SENIOR ISSUES TASK FORCE Bette Andersen, co-chair of the Senior Issues Task Force, presented the group's 5th Quarterly Report. They will present their last report in November and have reserved time for a workshop session with the Council to review the Task Force's recommendations. They are almost through the study sessions and are beginning to prepare recommendations. At their last meeting they met with 20 persons selected from the three senior residences in Eden Prairie--a group that was generally older, more frail and less likely to drive than the previous focus groups. Transportation was the predominant concern for this group and they gave their recommendations for traffic signals and lighting as well as vehicular transportation needs. She noted that Amoco and PROP provided small gifts for all the focus group participants. Harris said she was surprised by the number of people on the waiting list for Edendale. She recently had a discussion with a representative of Volunteers for America who said they are interested in working in Eden Prairie. She asked if this means we need additional subsidized housing in the City. Andersen noted some of the HUD developments are turning into market-rate units, and she thought the "popularity" of a building was determined by who was managing the building. CITY COUNCIL MUN UTES August 20, 1996 Page 8 Case said he expected many recommendations to come out of the final report from the Task Force, many of them for the mid or long term. One of the short-term recommendations has to do with parking and would provide senior preferential parking next to handicapped spaces in public parking lots. Pidcock thought mothers with young children could use preferential parking as well. Case said he would like Staff to look at what other communities do in terms of preferential parking and bring a report to the meeting in November. Pidcock asked if we have any information about where PROP will be this Christmas because they have asked if they can use the old Police Dept. building. Enger said we are in negotiations with Cooperative Power now, so Staff will get back to the Council about use of that facility. Pidcock suggested we ask Cooperative Power if they would be willing to allow PROP to use the building this Christmas season. Harris thanked Andersen for her report. Pidcock noted we appreciate the work of the Senior Issues Task Force. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCH MEMBERS 1. Reschedule Joint Meeting with Flying Cloud Airport Advisory Commission from September 3, 1996 to September 17, 1996, 6:30 PM 2. Reschedule Proposed Budget Workshop from August 27, 1996 to September 3, 1997, 6:30 PM Jullie noted the Toll Road meeting has been scheduled for August 27, 1996, thus making it necessary to reschedule two of the other meetings. MOTION: Thorfinnson moved, seconded by Pidcock, to reschedule the Joint Meeting with Flying Cloud Airport Advisory Commission from September 3, 1996 to September 17, 1996 at 6:30 PM; and to reschedule the Proposed Budget Workshop from August 27, 1996 to September 3, 1996 at 6:30 PM. Motion carried unanimously. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Draft Guideline for City/School Use of Facilities Lambert said the Council asked Staff to look at what things the City CITY COUNCIL MINUTES August 20, 1996 Page 9 charges for, to check out what use of facilities the School District charges the City for, and to compare the charges to see if we are consistent with other communities. After checking out ten other communities and having discussions with the School District, they have drafted a set of guidelines for City/School use of facilities. They are recommending that a six- member Joint Facilities Advisory Committee be formed to take a look at this issue in depth. There are several joint-powers agreements and some hand-shake deals that should be written down. He suggested the Committee review the proposed memorandum of understanding. The Committee would be on-going and would review duplication of programs and services after the initial meetings. Lambert said the Parks Commission suggested some changes to the draft guidelines last night, but agreed to support it. He asked that a City Council member be part of the Advisory Committee, along with a representative from the City, one from the School District, one from the Parks Department and one from the Arts Commission. The first meeting would be scheduled for late September or early October. Harris suggested that Councilmember Tyra-Lukens be appointed as the Council representative. MOTION: Case moved, seconded by Thorfinnson, to approve the Guideline for City/School use of facilities, to appoint Councilmember Tyra- Lukens to serve on this Committee, and to request the Arts Commission and Parks, Recreation &Natural Resources Commission to submit names of representatives from each of their commissions to serve on this committee. Motion carried unanimously. 2. Rental Contract for Use of Eden Prairie Community Center Lambert said in past years the City has used a monthly schedule and a verbal commitment from our major users of the ice rink and the swimming pool. About a year ago Staff began the process to draft a rental contract in order to get a written commitment for major blocks of pool and ice time. This will allow us to sell unused blocks of time to other groups. Staff contacted other ice arenas and found that we are the only group that does not use a written contract. The City Attorney prepared a draft of the contract, and Staff reviewed it with the major groups. At this point the Figure Skating Club wants their organization to be indemnified, which the City Attorney disagrees with. Harris asked if the absence of indemnification would eliminate individuals from receiving damages. City Attorney Rosow said that the City's indemnification would allow the City to be reimbursed for legal fees as well as damages.