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HomeMy WebLinkAboutCity Council - 01/10/1984 - Special Meeting APPROVED MINUTES SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 10 , 1984 7 :30 P,M. t SCHOOL ADMINISTRATION BUILDING (5) COUNCIL MEMBERS : Mayor Wol faang H. Penzel , Richard Anderson, Georg Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF; City Manager Carl J. Jullie City Attorney Roger Pauly, Finance Director John D, Frane, Planning Director Chris Enger, Director of Community Ser- vices Robert Lambert,, Director of Public Works Eugene A, Dietz , City Assessor Robert Martz, Director of Public Safety Jack Hacking'; and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: all mernbiers were present (Anderson arrived at 8; 15 p.m. ) 1 . CALL MEETING TO ORDER The meeting was called to order by Mayor Penzel . II . RESOLUTION NO, 84-14 , AUTHORIZING FILING OF APPLICATION FOR GRANTS TO ACQUIRE PI,RK_LANp UNDER THE PROVISION OF THE FEDERAL LAND AND W TFR CONSERVATION TUN- 0-ACT AND THE STATE NATURAL-RESOURCES FUND s MOTION: Bentley moved . seconded by Tangen, to adopt Resolution No. 84-14. authorizing filing of application for grants to acquire parkland under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund. Motion carried unanimously (Bentley, Redpath , Tangen ' and Penzel voted. ) III . DISCUSSION ON VARIOUS POLICY MATTERS Penzel referred to a me:r!orandum dated January 6, 1984, in which the policy items to be discussed were outlined. The consensus was to discuss the items as they were listed. 1. Gradi ncl permits pri or to 2nd Reading - Bentley said he was no longer going to approve grad� na permits prior to final approval of zoninn. Redpath said there are some cases in which grading is not a major factor and should be allowed. Bentley said he felt procedures should be followed by the Council or else one thir.n just naturally leads to another. Tangen said he agreed with Bentley in principal but sometimes the City might cause delays which could penalize the developer. Bentley said he did not think a delay of a week or two would or should matter -- a developer should be able to in- clude action necessary by a City in his building timetable. Tangen cited the Factory Outlet Center ,and how the City accommodated that project. i City Council Minutes -2- January 10 1984 Redpath noted the Bren Farm property as an example where a minimum amount of grading was required and was approved prior to final approval . Penzel said he agreed with Bentley and suggested. Staff be instructed to develop a set of criteria under which this might be judged. He said undue hardship should have to be required -- and this should be quite restrictive so that it would not involve more than one out of twenty .plats. This set of criteria would then remove the subjectivity from the decision . Tangen agreed this should be referred to Staff so a policy might be developed. 2. Knock-down_ barriers - the consensus was that knock-down harriers will no longer be allowed. Staff was directed to provide the Council with an inventory of existing knock-down barriers as well as data as to what would be necessary to connect these to the existing/proposed street system. 3. Bond amount for grading__permits - Director of Public Works Dietz reviewed City practice as it now is . Penzel indicated the intent of the Council was to have a bond of $25,000 with an option for this to be higher; the premise being that in a large scale building project , $25 ,000 would not restore much of the property if it were done in error or improperly or in violation of existing agreements . Redpath asked if withholding a building permit until a grading situation were corrected would be an appropriate measure. City Attorney Pauly said it is a technique which could be used however by the time the failure to complete the grading becomes apparent, the building permit has usually been issued. He said he felt a letter of credit or a bond would be the only security and way . of enforcing the matter with any specificity. Bentley said he felt the Staff Reports from the Planning Department and Community Services Depart- ment as well as the recommendations from the Planning Commission and the Parks, Recreation & Natural Resources Commission gave the City Council a good idea as to what amenities should be protected. He felt it was up to the Council to be more judicious in what is being protected. The consensus was to refer this to the Director of Public forks so that criteria might be developed -- not much grading is expected before March. 4. Call-out of Public Works crew - Penzel called attention to a memorandum dated December 30, 1983, ,which addressed the guidelines now used for call- inn out public works crews . City Manager Jullie said he would like every- one to understand what the policy and procedure for doing this is, MOTION: Redpath moved , seconded by Tangen, to adopt the following policy regarding calling out public works crews: The following guidelines will be used when contacting on-call Public Works Supervisor for snow removal and sanding. r (1 ) Inclement weather necessitates a general sanding of the entire City for rush hour. Call on-call person at 3:00 a.m (2 ) Inclement weather necessitates a general plowing of the entire City before rush hour. Call on-call person at 2:00 a.m. t,° City Council Minutes -3- January 10. 1984 (3) As you drive around the City you find 'hazardous spots (ice or snow drifting) that would not require calling out entire Public Works Department.. a) If before 10:00 p.m. call on-call person . Public Works will send out one or two trucks . b) If after 10:00 p.m.- wait until 5:00 a.m, and have Dog Watch car notify on-call person at that time. (4) An emergency condition arises - (i .e. : Fire Department use of water creates ice conditions , water leak, etc. ) call out Public Works no matter what time. Motion carried unanimously. Councilman Anderson arrived at 8: 15 p.m. � 5_ Snow removal policies __ park/trails - MOTION: Tangen moved, seconded by Redpath, to adopt the following policy regarding snow removal : A ( 1) Snow removal from trails leading to schools where children are required to walk to school . (2) Snow removal from hockey rinks and skating rinks . (3) Snow removal from jogging trails around Round Lake and Staring Lake. (4) Snow removal from the remaining trails along the following roads: a. County Road 4 b. Valley View Road c. County Road 1 d. Mitchell Road e. Anderson Lake Parkway Director of Community Services Lambert stated he had discussed this with the school administration because some students must use the trails to get to and from school -- particularly the Round Lake Trail and the Holly Road sidewalk . Penzel said a trail should be built along Duck Lake Road south of Duck Lake Trail -- this is used by students going to the High School . Lambert said the change in the proposed policy from that which is now in effect is that trails leading to schools will receive the high. est priority. Equipment used to remove snow was discussed; the need for upgrading equipment was expressed. VOTE ON MOTION • Motion carried unanimously. t City Council Minutes -4- January 10, 1984 6. Tree program_policy - handling storm damaged trees - Director of Community Services Lambert said the City has the ability to do what is necessary after a "normal " wind-damage storm. The program policy as outlined in the January 6, 1984 , memorandum was discussed . Bentley suggested, in the budgetary process , the possibility of establishing a contingency fund for out-of-the-ordinary storm damage be examined. MOTION: Tangen moved, seconded by Anderson, to adopt the following tree program policy for the handling of storm damaged trees. If, as the result of a storm (high winds , electrical , heavy snow or sleet) , a tree or portion of a tree falls , the City, if feasible, will respond as follows : } ( 1) Debris falls into or unto roadway City crews will clear the debris , from street by necessary means to ensure safe vehicle passage. Notify any utility companies if overhead lines are affected. I F (2) Accurately record the tree location by street address and report infor- mation to the Forester. City Forester will determine the ownership of the tree and implement appropriate steps . a . Public Property Trees 1 ) Tree obstructs roadway or bikeway (sidewalk) - City crew will clear all debris ; if remaining part of tree is unsound it will be removed, Any damage to blacktop, curb, etc. will be reported to the Street Department. 2) Tree falls onto private property (same as above. ) In addition, Forester will contact City insurance agent if damage to private property warrants a claim ( i .e, damage to house, automobile, etc. ) 3) Tree falls within public property - Tree will be cleaned up by park' s tree crew - damage repaired where necessary. b. Private Property Trees 1 ) Tree falls on road or bikeway (sidewalk ) - If called, City crew will clear debris from the travelled surface, otherwise property owner is responsible for cutting. Homeowner may cut debris into 7 - 15 foot lengths , stack adjacent to road and call the City for pickup. (NOTE - City must be called - same as the tree disease program. ) The following is referred to Staff for further recommendations: b, 2) Tree falls within private property - property owner is responsible for cutting, etc. City will haul if cut in proper lengths , piled by road- side and called by homeowner. Motion carried unanimously. 3 ;i City Council Minutes -5- January 10, 1984 i } 7. Administrative_divisions/duplex lots - 10% administrative variance authkOi - City Manager Jullie noted the problems which have been presented with the present Ordinance. He stated City Attorney Pauly had suggested that the Ordinance be amended so that the minimum lot size for a duplex lot could be 6000 square feet. MOTION: Redpath moved, seconded by Bentley, to direct Staff to proceed with an amendment to the City Code which would ease the administrative division of duplex lots. Motion carried unanimously. 8. Number of Public Hearings on Council agendas - City Manager Jullie asked f the Council wished to consider 1i6iis as to the number of Public Hearings included on one Council Agenda. Bentley said the Planning Commission has put a limit of three new projects at a given meeting; this has created a backlog in the Planning Department, Penzel suggested perhaps it is time for the Council to again meet with the various commmissions at which time this could be discussed. Redpath noted that the Council sometimes gets itself in a bind when it continues a Hearing and others are already scheduled for the time to which others have been continued. Penzel said perhaps the Council will have to start meeting more frequently if there is too much of a backlog. Ender said, as a practical matter, the manner in which the Planning Commission is now operating has helped spread out the load. The consensus was to not limit the number of Public Hearings on a City Council Agenda and to meet with all the City Commissions at a date acceptable to the Commissions, sometime in March after new members have been appointed. 9. Campai3�n si 'Co i c City Attorney Pauly noted the United States Supreme Court will be deciding on a case which it heard in October regarding a campaign sign case in Las Angeles. Pauly recommended the Council wait for the outcome of this before determining a policy for Eden Prairie. " Bentley said if the 'Council does not come up with a policy now, it may be construed as a political decision if made later. Penzel suggested the Ordinance be amended to read that no campaign signs will be allowed within 10' of the curb line in any subdivision. Redpath said he would concur with that. City Manager Jullie asked how that might be enforced. Bentley said he thought a provision should be included whereby no sign could be erected within 48 hours of the opening of the polls. Pauly said that was not possible. Anderson noted that garage sale signs and other non-campaign signs pose a problem also. Pauly said it is very hard to determine who puts up most of the signs and therefore hard to prose- cute. fie rioted that the present ordinance has not proved unsuccessful . Staff was instructed to draft an amendment to the City Code which will include all signs. r ,ti_ City Council Minutes -6- January 10, 1984 10. Timetable for new City Hall Penzel noted the problems/drawbacks in not meeting at City Hall and having Staff meetings away from City Hall . Tanden asked when the City would be able to put forth a bond issue which would be acceptable to the electorate; what is the City' s ability to pay for a new City Hall . Redpath said he would not like to see a bond issue until after the tax increment financing levy is removed from the mill levy: he did think the City could go ahead with plans for a new buildinn. Penzel said he felt the City' s total needs for capital ex- penditures should be looked into -- such as improvements to the Community Center and the need for additional fire stations. Finance Director Frane said a $2'-_imillion referendum would cost the owner of a $100,000 home S20 per year in additional taxes. Bentley said he would like to see what our needs are , possible design -- not hiring an archi- techt, but preliminary in-house review, and what approximate cost might be ( ranee) based on that criteria- once that has been determined, then possible sources of revenue could be looked at to determine how this might be accomplished. Tangen said he would like to see an entire long- term capital improvements program examined. May 1st was 'set as the date to come back to the Council with the requested information. t D 11 . When should_ platting be required? - City Manager Jullie said Staff is suggesting that, in the long term, it might be best to require platting on all properties. This would not include single-family lots on a single piece of ground. MOTION: Tannen moved, seconded by Bentley, to approve the recommendation of Staff and require all properties , excluding single-family lots on a single piece of ground , to be platted. Motion carried unanimously. 12. Material required for rezoning application - Planning Director Enger said the Planning Department has a list of procedures which it presently uses and finds to be workable. The concensus was to continue as is . There was a question as to whether cr not All proposals which go before the Planning Commission also are reviewed by the Parks , Recreatio►, & Natural Resources Commission. Director of Community Services Lambert said that has been a difficult issue because some do not need action by the Parks Commission. He said he has been sendino some items to that Commission so that they will be aware of what is going on. Anderson said he thought the present procedure is working very well . 13. Developer' s Agreement vs. Summary _Resolution - Planning Director Enger said the Council had adopted an informal po icy last year which was to eliminate Developer 's Agreements where there was a straight forward proposal . He said this takes a workload off the Planning Department and is helpful to the developer. A Summary Resolution, or no resolution as has been sunaested by City Attorney Pauly, could be done in those cases . Enger said he is looking at the Code and might recommend a site plan review process ; this would be enabling legislation and is now done as a cooperative effort. Penzel said his concern is with the number of items which require publication. Pauly said the summary of the Developer' s Agreement is now being published. Staff was directed to draft an amendment to the City Code to reflect the site review process , City Council Minutes -7- January 10 , 1984 14. Exterior materials - 15. landscaping requirements - 16. Variances 17. Pa rki_nq - height - materials - setbacks Enger summarized the policy regarding exterior materials as outlined in a memorandum dated November 29, 1983. He said further refinement is needed but this will be presented to the Planning Commission for its review before coming back to the Council to be adopted as a policy document. Redpath said requiring all brick buildings in an area can make the area less interesting . Enger said he felt the policy will reinforce the existing ordinance. Enger said Staff will recommend some minor changes to the landscaping portion of the City Code. Anderson said he would like some provision made to not allow "pest" trees (e.g. box elder and cottonwood. ) Tanger. said perhaps this could be reviewed by the City Forester, Enger referred to a memorandum dated November 30, 1983, from Jean Johnson, 7oning Administrator, He suggested that the building height requirement be modified in the Commercial -Regional -Service District (almost exclusively limited to the Major Center Area . ) He said he is aware of some proposals which will be coming in for review which will require variances from what is now allowed. Staff was directed to amend the Code as necessary- Enger said the most common variance is a setback variance. He said going 3 to the Board of Appeals adds about 45 days to the process. There was no further review of item 17. { 18. Rural zoning district pol i c:y - Enger stated there will be requests before ` ,. the Board of Appeals by people who wish to subdivide property into parcels of less than 10 acres; this is particularly true in the bluff's area. City Attorney Pauly said perhaps the Council could create a conservation ` easement along the bluffs in return for granting of variances; this would be the opportunity for this to happen. Penzel said he thought there might be two questions before the Council . Does the Council wish to change the policy from 10 acre lots -- "no: " and does the Council wish to change the process for the granting of variances with the potential of aaini ng some.,. thing -- "this would be in the best interest of the community ." Bentley pointed out that a person has the right to appeal the decision made by the Board of Appeals by coming before the Council . Pauly noted that a con- servancy easement holds more because it is recorded whereby if this were done via ordinance it could be changed. Bentley suggested bringing together property owners along the bluffs to see if they have some common concerns . Redpath said he felt a lot had been accomplished over the years through trade offs and this was worth exploring . 19. Connection of streets - The consensus was that all streets should be connected, where appropriate; all unnecessary cul-ce-sacs should be elimin- ated; and neighborhoods should be connected. I' City Council Minutes -8- January 10, 1984 20. Sidewalks and trails - Enoer said current policy is to require sidewalks along one side of major roads, larger roads two sides, and along County Roads blacktopped trails are required with a sidewalk on the other side. Maintenance of trails is a problem as we get more of them. Anderson said there is a need to connect areas of the City where there are major gaps in the trail system. Director of Community, Services Lambert said a F decision had been made that cash park fees are not used for building transportation trails. The Parks, Recreation 9 Natural Resources Commis- sion will talk about this at its next meeting in connection with requesting funds from Mn/DOT. Penzel felt a sidewalk ordinance should be looked into. Anderson said there is a great need for sidewalks along Mitchell Road north of TH 5; this should be the responsibility of the City. Penzel suggested this be included in the Community Improvement Program (CIP) . 21. Wetland or lowland devel oo ment - trees/tree reel acemen_t// radi q - Enger state& these are�no� fooked at. on-a case by case basis. The consensus was to continue with the present practice, Anderson said he would like � to see a policy relative to the replacement of trees. Enger said this is being worked on. AC 22. Density transfer - when allowed? - It was determined there is no hard and fast rule on this ; the Council makes this determination depending �w on the merits of the project. r < ' 23. Guide Plan changes - This was determined to be a "no problem" area -- changes are sometimes deemed necessary based on outside circumstances. n., 24. EAW' s - EIS' s - Enger said they City has been conservative in this area up to row. Me noted the process is becoming very cumbersome and would like to take & middle-of-the-road approach. The Council concurred. 25. Signs - Enger stated there has been a request for a moveable sign at a shopping center. Various conditions under which this might be permitted were discussed. Staff will study this further. ` IV. NEW BUSINESS There was none. V. ADJOURNMENT • The meeting was adjourned at 11:00 p.m. mi 77 { li '