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HomeMy WebLinkAboutCity Council - 03/21/1989 i i APPROVED MINUTES E;DE14 PRAIRIE CITY COUNCIL TUESDAY, MARCH 21 , 1989 7: 30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas 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 Planning Chris Enger. , Director. of Parks, Recreation & Natural Resources Robert Lambert, Director. of Public Works Gene Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Anderson was out of town and Councilmember Tenpas arrived late. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Jullie added Item X.B. 1 . , Settlement Agreement with a Contractor Regarding Water Main Break . MOTION: Pidcock moved, seconded by Harris, to approve the Agenda as published and amended . Motion carried unanimously. II . MINUTES There were none . III . CONSENT CALENDAR A. Clerk ' s License List B. Resolution No . 89-45 Appointing_ Election Judges for the April 25 Bond Referendum ` C. Approve Cooperative Agreement with Carver. County for Design of T.H from CSAH 4 to CSAH 17 D. 2nd Reading of Ordinance No . 7-89 To Rename Mitchell and Research Road E. Lawn Sprinkling Policy City Council Meeting 2 March 21, 1989 F. Request from Residents to Rezone Property in Proposed Lake Heights 3rd Addition G. Award Bids for Staring Lake Park Amphitheater. Construction and Parking Lot Expansion H. Award Bids for Carmel Park and Red Rock Lake Grading Projects I . 2nd Reading of Ordinance No . 22-8 8 Relating to Outdoor. Storage of Recreational Vehicles J. Resolution No. 89-60 Authorizing Worker ' s Compensation Coverage to members of City Boards and Commissions Mayor. Peterson said Item I would have to be removed until Councilmember Tenpas arrived. 3 Pidcock asked if this was the first time Item F had come up. Jullie said it was. Pidcock then said that she thought the item should be reworded to show that the Council action on this item is to direct Staff to review the issues involved. Peterson said he had a question on the paragraph entitled "Legal Issues" in the Staff Memorandum of 16 March on this subject . City Attorney Pauly said that rezoning does not occur automatically, that the statutory process must be followed and it isn ' t possible to contract that away . Peterson asked if there were any cost implications from Item J to include Members of City Boards and Commissions in Worker 's Compensation. Jullie said he did not believe there were any. MOTION: Harris moved, seconded by Pidcock, to approve Items A - E, G, H, J and Item F to be reworded as follows: "Staff Recommendation Regarding Request from Residents to Rezone Property in Proposed Lake Heights 3rd Addition.` Motion carried unanimously. IV. PUBLIC HEARINGS Items A and B were deferred until Councilmember. 'T'enpas arrived . C. CD33G .YEAR XV FUNDING--Resolution #09-29, Authorizing Expenditure of Funds for Year. XV Peterson asked if we had ever considered any equity sharing in the Scattered Site Housing Program. Assistant Planner Lindahl replied that we are currently doing townhomes with a $10, 000 second mortgage subsidy per family and we don 't think they will increase in value enough to consider equity . 5 City Council Meeting 3 March 21, 1989 rPeterson said i would r consider equity s t o Id seem reasonable e t� con__de.. eq.�_ _j sharing so that we can recover some of the money especially since we will probably continue such programs. Pidcock asked if there was an equity-sharing program when we were doing single family houses. Lindahl said there was not . Peterson said he would recommend that Staff explore that possibility in the next couple of months. Harris asked if this year ' s appropriation figures are the same as last year 's amounts. Lindahl said they are about the M same except for the1H. O.M. E program which was increased about $2, 000. Harris said she was concerned that we have 12 families on the waiting list for child care assistance. Grace Norris, representing the Greater Minneapolis Day Care Association, said those families are the ones who are not eligible for other. programs. Harris asked what the cost is for child care . Norris said it is between $2500 and $3000 per year . There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 89-29 Approving the Proposed Program for Year XV Urban Hennepin County Community Development Block Grant Funds and Authorizing Its Submittal. Motion carried unanimously. D. Vacation 089-03 - Vacation of Drainage and Utility and Scenic Easement with Lot 6, Block 2, Welter Purgatory Acres 3rd Addition. Resolution 489-5 City Manager Jullie stated notice of this public hearing was sent to owners of affected properties and was published in the Eden Prairie News. He noted this vacation was for drainage, utility and scenic easement on one lot within the Welter Purgatory Acres 3rd Addition . Pidcock asked if by vacating the easement we will lose the right to come back . Director of Public Woj.ks Dietz said that was true ; however the portion to be vacated is only 6-1/2 X 30 feet, and the balance of the easement is 13-15, 000 square feet . There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 89-57, Vacation of Part of Drainage and Utility and Scenic Easements on Lot 6, Block 2, Welter Purgatory Acres 3rd Addition . Motion carried unanimously. City Council Meeting 4 March 21, 1989 V. Phyf1ENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims No. 49462 - 49743. ROLL CALL VOTE : Harris, Pidcock and Peterson voted "aye . " Motion carried unanimously . VI . ORDINANCES & RESOLUTIONS r There were none . a VII . PETITIONS, REQUESTS & COMMUNICATIONS t A. Request from Eden Prairie School District for Land Alteration Permit to Expand Parking Area for Bus Garage Located off of Scenic Heights Road City Manager Jullie said the Eden Prairie School District has requested a land alteration permit to expand their parking at the bus garage, north of the present location . Jeff Schoenbauer of israuer & Associates, representing the School District, r. evieved the request . Peterson said he would be interested in knowing what the discussion was regarding this expansion property being within the Highway 212 corridor . Schoenbauer said he had discussed this with Merle Gamm at length and the School Board feels they must do something to accommodate the additional 24-32 buses that will be required at the enrollment peak three years from now. fie said this is the most economical approach for them at this time . Director. of Public Works Dietz said the School District :rust continue to "live" in their facilities. He said there is no where to go and no alternative in this kind of situation. Peterson asked what their ultimate plans were. Schoenbauer said that if the highway does come through, the entire facility will be relocated. He said this project is expected to cost around $80, 000, which they feel is justified because the highway will not come through for at least five years . Pidcock said she thought $80, 000 was a lot of money and, further, that she had grave reservations about cutting down the hill more than it already is . She thought it was a very poor use of taxpayer ' s money on something that will be useless in a couple of years . `r COUNCILMEMBER TENPAS ARRIVED AT 7: 55 PM. (( Harris asked what were the alternatives that the School District considered. Schoenbauer said he did not know what City Council Meeting 5 March 21 , 1989 t the specific alternatives were, only that they were more ex- pensive than expanding at the present location. Dietz said that the only real alternative would be to get into an early acquisition of an alternative site . He said those sites are very expensive and there is no money to buy those sites. MOTION: Harris moved, seconded by Tenpas, to approve the Eden. Prairie School District ' s request for a land alteration permit to expand the parking area at its existing bus garage. Motion carried unanimously. At this point the Council returned to Items III . I, IV.A and IV. B on the Agenda . III . I . 2nd Reading of Ordinance No. 22-88 Relating to Outdoor Storage of Recreational Vehicles a MOTION: Harris moved, seconded by Tenpas, to approve Item I on the Consent Calendar . Motion carried unanimously. IV. A. HIDDEN GLEN IV, by Frontier. Midwest Homes Corporation. Request for. Planned Unit Development Concept Amendment on approximately 68 acres, Zoning District Change from RM-6. 5 to R1-9. 5 on 7. 5 acres, and Preliminary Plat of 7. 13 acres into 26 single family lots. Location: South and east of Highway #101 , west of Dell Road. A public hearing . (Resolution #89-58, PUD Concept Amendment to Hidden Glen North PUD; p Ordinance #10-89. Rezoning; Resolution #89-59, Preliminary Plat City Manager. Jullie stated notice of this public hearing was sent to owners of surrounding properties and was published in the Eden Prairie News . f Scott Oakes, representing Frontier. Midwest Homes, addressed the proposal. ' Planning Director Enger said this item was reviewed by the Planning Commission at their February 27th meeting. He said the Commission recommended approval on a 5-0 vote at that meeting, subject to the plan submitted by the developer and to the recommendations of the Staff Report of February 24th . Fie said the main item of concern was the ability to finish off the grading of the three lots on the eastern portion of the plat .' Referring to the March 16 memo to the Council , Enger said that concern can be handled by proceeding with the - prelimindry plat at this point but not allowing a final plat until a resolution of the grading issues is reached . Enger said this proposal was not reviewed by the Parks & Recreation Department . Pidcock asked about the price range of the homes in this City Council Meeting 6 March 21, 1989 development . Oakes said it would be $80-100, OUO. There were no comments from the audience . MOTION : Harris moved , seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 89-58, Approving the Hidden Glen IV Planned Unit Development District Amend- ment to the Overall Hidden Glen North Planned Unit Develop- ment. Motion carried unanimously. MOTION: Harris moved , seconded by Pidcock, to approve lst Reading of ordinance #10-89 for. rezoning. Motion carried unanimously. a MOTIOLJ: Harris moved, seconded by Pidcock, to adopt Resolution No. 89-59, Approving the Preliminary Plat of ridden Glen IV for Frontier Midwest Homes Corporation, and to direct staff to prepare an amendment to the develop- I ment agreement incorporating commission and staff recommenda- tions. Motion carried unanimously. g s B. BLUFFS SHIEST 7TH ADDITION, by Hustad Development . Request for Zoning District Change from R1-13. 5 and R1-22 to RY-13. 5 on # 4. 66 acres, and Preliminary Plat of 26. 3 acres into 11 single family lots, 2 outlots, and road right-of-way. Location: North of Bluestem Lane, north of Bluestem Hills Sth Additoin . A public hearing . (Ordinance V9-89, Rezoning ; Resolution #89-30, Preliminary Plat ) a City Manager Juilie stated notice of this public hearing was sent to owners of surrounding properties and was published in the Eden Prairie News . Mary MacCauley, representing Hustad Development, addressed the proposal . Planning Director. Enger said this project was reviewed at the February 27th meeting of the Planning Commission. The Commission recommended approval at that meeting, subject to the recommendations of the Staff Report of February 24th. fie said the recommendations included a tree replacement plan, a revised grading plan, and a five-foot-wide concrete side- walk along the north side of Bluestem Lane and on the east side of Purgatory Road extension. Enger said the Park & Recreation Commission reviewed this proposal and also recommended approval, subject to the recommendations of the Planning Staff Report of February 24th. Peterson asked why there was no mention of the completion of construction of Purgatory Road . MacCauley said the right-of- way is dedicated and pointed out the location of the road. Bob Smith, representing the owners of the Nelson property, said the tielsons did not receive notice of the review by the i City Council Meeting 7 March 21, 1989 Planning Commission so were unable to attend that meeting .. fie said they wanted to suggest an alternate arrangement of lots and the roadway that would allow more flexibility for development of the other property in the area . Peterson noted that the Council was not in a position to redesign two developments at this meeting. Wally Hustad commented on the alternative suggested by TIr . Smith and reviewed the history of his contact with the Nelson family regarding development in this area . Harris said she agreed that the Council ' s role tonight y is not to redraw proposed plats and she would not object to continuing this in order to give the two parties an 4 opportunity to get together on this development . 'F M Peterson asked Enger if he thought there had been suffi- cient staff discussion with both of the -parties involved . Enger replied that the staff has had a chance to evaluate Mr. . Smith ' s alternative and that either Mr . Smith 's or Mr. . Hustad ' s proposal would work . Iir . Nelson said he may not have received the notice because he had moved during the last few months . Tenpas asked Nelson if he would be comfortable working with Hustad to arrive at a mutually beneficial solution. Nelson said that he would . Harris said that the Council has to act on what is before us tonight ; however , she would like to be sure that Mr . Nelson has had an opportunity to have his considerations known. MOTION: Harris moved, seconded by Pidcock, to continue the public hearing until the next Council meeting on April 4th . Motion carried unanimously. At this point the Council resumed the regular order of the Agenda. VII. B. Request from Lion 's Club r.ega►rding Charitable Gambling License Application Jim Jordan, representing the Eden Prairie Lion' s Club, asked the Council to waive the 60-day waiting period to approve a gambLing license for. the Lion ' s Club. He referred to his letter of March 8 to City Manager Jullie which accompanied the completed Gambling License Application and which outlined factors to be considered by the Council in its decision. Tenpas said he thought we must consider the values presented as well as the charity work that is done to help people. Jordan said the Lion ' s had considered that when gambling was first approved by the legislature and were afraid that it would detract from their other means of raising money. fie City Council Meeting 8 March 21, 1989 said since that time about one-third of the other metropoli- tan Lions Clubs have gone into pull-tab operations without losing their spirit of camaraderie. Harris said that she personally does not have anything against gambling; however. , she has a problem because all of the calls she received when the Hockey Association presented a similar request were against pull-tab operations . She said that at this time she was not in a position to support the Lion 's request ; however, she would not vote against it . Pidcock said that, while she has no moral qualms about gambling in moderation, she is left with a quandry over what she went through with the Hockey Association request . She said the Legion operation is held within their own building, whereas the Lion ' s would be operating at a public restaurant . She said she could not in good conscience vote against the hockey Association and then vote for. the Lion' s . Tenpas said he could not agree with the concept of gambling to raise money to give back to charity. fie said he thought there are better ways to raise money than pull-tabs . Peterson said he spoke against this at the Lion ' s Club meeting and intends to vote against it here. He said he does not believe the end justifies the means . 1 Jerry Johnson, representing the Lions Club, presented addi- tional information in support of the request . Tenpas said this is not the last time the Council will be faced with such a request ; therefore, this may be the time to do a survey of the community to see how the residents feel about this issue . Harris said it was helpful when they have community input and she felt there has not been enough on this issue. Pidcock said she wanted to be consistent with her responses to such requests . Peterson said he would be willing to continue this request; however, since we are establishing a policy, if this request is approved he did not want to review any other similar, requests . MOTIOIJ: Pidcock moved, seconded by Harris, to continue the request to the April 4th Council meeting. Motion carried with Tenpas voting against the motion. VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . - City Council Meeting 9 March 21, 1989 IX. APPOINTMENTS There were no appointments . X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members There were no reports . B. Report of City Manager 1. Settlement Agreement with a Contractor Regarding Water, Main Break Director. ct Public Works Dietz reviewed the water main problem that occurred three years ago. He said the City Attorneys firm has been working on this issue. He said we sent a bill to the plumbing contractor for $7500 for the water and the time spent locating the leak . The subcontractor who did the repairs submitted a claim for $7400. He said the attorneys are recom- mending that we settle by paying the subcontractor $5000. Tenpas asked about the legal fees involved in this . Dietz responded that they considered dropping it, but decided that by continuing the process there was a message for contractors to be responsible. MOTION: Pidcock moved, seconded by Tenpas, to authorize the Mayor. and City Manager to sign a release that summarizes the agreement . Motion carried unanimously. C. Report of City Attorney There was no report . D. Report of Director of Planning There was no report. E. Director. of Parks, Recreation & Natural Resources There was no report. F. Report of Finance Director. There was no report. XI . NEW BUSINESS There was none . City Council Meeting 10 Marcli 21, 1989 XII. ADJOURNMELNT M©TION: Harris moved, seconded by Pidcock, to adjourn the meeting at 9: 40 PM. Motion carried unanimously.