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HomeMy WebLinkAboutCity Council - 05/01/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, MAY 1, 1990 CITY HALL COUNCIL CHAMBERS, 7:30 F.M. 7500 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 Parks, Recreation A Natural Resources Robert Lambert, City Engineer Al Gray, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following additions were made to the agenda. Harris added the following items: (1) City Manager Evaluation, (2) Goals, (3) BFI Incinerator application, (4) Landfill Advisory Committee; (5) Debris on Mistral Lane. Pidco:k requested the addition of the following: (6) Update on Coachman's Lame and Williamsburg Court situation; (7) A meeting with the subcommittee of the Landfill Advisory Committee on a video; (8) Clean-up of Prairie Center Drive; (9) Meeting with the Board of Appeals; (10) Public information regarding sewer backups. Anderson requested addition of the following: (11) Cigarette machines; (12) Recognition of people who worked on Earth Week and Clean-Up Day; (13) Trail easement on the International School property; (14) Clean- up/redevelopment of Industrial Drive area Peterson said he wanted to share with the Council some correspondence from the Councils of the cities of Edina and Minnetonka regarding support to oppose expansion of the Flying Cloud Landfill. Motion to approve the agenda as amended carried 5-0. II. MINUTES i a i A. City Coyaril Meeting held Tuesday. April 17. 1990 s Picock requested corrections on Page 7 of the minutes, Page 1017 of the packet. The fourth paragraph should read "R1-44 instead of R- 144" and "R1-22" instead of "R-122". Also the first sentence should be corrected to read as follows: "Tree replacement was a tool allowed to the development community as a substitute for different types of approaches to a project." In the last paragraph, second line, the r date should be April 9 instead of April 19. On Page 8 of the minutes, i P J City Council Minutes 2 May 1, 1990 Page 1018 of the packet, middle of the fifth paragraph, "proposed" should read "propose." Motion to approve minutes of April 17 as amended approved 5-0. III. CONSENT CALENDAR A. Clerk's License List B. TREE ORDINANCE. 2nd Reading of Ordinance No. 17-90, Amending City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by adding an Environmental Preservation Regulations Section which will regulate tree removal, damage, or destruction in all districts, among other things. r' C. 2nd Reading of Ordinance No. 19-90 Chanstinst Name of Grantee from Robers CablezZatems of the Southwest. Inc. to KBL CAblesystems of the Southwest, Inc., D/B/A Paragon Cable D. Ar.bor Month Proclamation (Resolution No. 90-128) E. Award Bids for Rotary Mowers F. Award Bids for Tennig Court Construction and Repair G. Final Plat Approval of Eden Prairie Center 7th Addition (located at the N.E. Corner of TH 169 and Prairie Center Drive) Resolution No. 90- 122 H. Final Piet Approval of Red Rock View (12 ated north of Summit Drive and west of Meadowvale Drive) Resolution No. 90-123 I. Receive lQ0X petitionSanitary ew r Watermaila, gtorm Sewer, and Street IMprovements within the Sandy Pointe Development and Order )?reparation of Plans and SpecjfiQM& ons, IC. 52-201 (Resolution No. 90-124) J. Appr2ve Agreement No. FW 64-4,9-89 with Hennepin County fo netruction of Traffic Contml Signal Systems at CSA)i 1 with F anlo )toad and Homeward Hills Road (Resolution No. 90- 125) K. Resolution No. 90-1 9 ARRrovinxt Am-endmentLs to the Loan Agreement for Parkway A2artments and Giving Preliminary A»prgyal,to the Issuance of Refunding Bonde # L. Final latApvroval t2r the Internatiqn&l Schqgj (located south of the Crosstown Freewg- &nd East of I-494) Resolution No. 90-121 M. Award Bid for Upgrading Police DeipartMenj Phon2 System t City Council Minutes 3 May 1, 1990 N. Approve Ammendment No. 2 for Contract with Barton-Aschman for T.H. :5 O. Red Rock View Addition by Mark Olsen. Approval of Developer's Agreement for Red Rock View. 3.2 acres into 7 single family lots and road right-of-way. Location: West of Meadowvale Drive, east of County Road 4, north of Blue Sky First Addition P. New Horizon Chilli Care by G. P. Bair, Inc. 2nd Reading of Ordinance No. 38-89, Rezoning from Rural and Public Districts to C-Reg-Ser District; Approval of Developer's Agreement for New Horizon Child Care; Adoption of Ordinance No. 38-89 and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-131, Site Plan Authorizing Summary and Publication; Resolution No. 90-131 - Site Plan Review). MOTION Harris moved, seconded by Pidcock to approve the items on the Consent Calendar. Motion approved 5-0. Anderson said he would like to question Item L, Final Plat Approval of the International School (located south of the Crosstown Freeway and East of I-494) Resolution No. 90-121. The concern that he had was regarding the trail. The headmaster believed that the school needed to be protected with fences and even guards, which was totally contrary to the way things are done in this country. Anderson said he believed the trail was necessary in order to give residents a way of getting into the large K county park. Peterson asked if Anderson was suggesting the Council reject plat approval. Anderson said if there were good reason or rationale to do it, this was what he would recommend. Pauly said he reviewed the history of this trail and park dedication and there had been a lot of discussion on the amount of land to be dedicated for park purposes and the trail. At that time the question of the trail was going to be solved by the Suburban Hennepin Regional Parks. Hennepin Parks had required as part of the Developers Agreement, that the Hennepin Parks and the International School would negotiate for the purchase of the trail by the Hennepin Parks. If they couldn't arrive at a price, then that price would be determined through proceedings, and would be a separate agreement in addition to the Developer's Agreement. Subsequent to that, the Hennepin Parks did commence negotiations, were able to arrive at a price, and then the Hennepin Parks started the condemnation action. Apparently during the course of the condemnation action, the administration of the Hennepin Parks changed, and the new administration decided that it wasn't prudent to acquire it, so it abandoned the condemnation proceeding and did not acquire the trail. As a result City had committed itself, through the first Developer's Agreement, to the terms of its position it said with regard to the trail. This proceeding that was before the Council was governed by the original City Council Minutes 4 May 1, 1990 developer's agreement because the platting was part of the nnprowal_ The International School had not submitted the final plat in a timely manner, but that fact did not present the City with the opportunity to unravel the whole agreement at this point. The question of the trail was not a legal basis on which to deny the plat. Peterson asked if there were legal recourse to encourage Hennepin Parks to perform on the original agreement. Pauly said he did not think Hennepin Parks gave the City a contractual agreement to do this. The agreement was between the International School and the Hennepin Parks and not the City. Anderson stated that it was because of the agreement between the City, the Hennepin Parke, and the International School that he gave his approval. One party did not follow through. As a result, the people of Eden Prairie have no way to get through there. Pauly said that the City had not given up the right of condemnation and there would always be that prerogative. Peterson asked for clarification from Pauly that inasmuch as it would not be appropriate to withhold approval of the final plat, then this other discussion was apart from that approval. Pauly said this was correct. Anderson said he would like this put on the agenda. (See Item X.A.13.) Pauly discussed Item III. P., the New Horizon Child Care. He wished to make a recommendation for the addition of some language in the Developer's Agreement. When tha Arby's Development was approved, j preceding the New Horizon Child Care Development, there was a provision 1� in the Developer's Agreement that required Arby's to secure cross- easements to the adjoining property, then owned by Homart. Subsequently New Horizon entered into agreements with Homart and h during the course of consideration and approvals, there was a question raised as to perhaps prohibiting the cross-easements with respect to New Horizon Child Care. The City received correspondence from Arby's attorneys indicating that Arby's was objecting and holding the City responsible because they said they had designed and built with the understanding that they would be able to utilize these cross easements. The Developer's Agreement was silent on the subject, so it wasn't a matter that the City was requiring that New Horizons not permit a cross- easement. Pauly said he would like to make sure that it was clear in the Developer's Agreement that the City was not precluding New Horizon from entering into a cross-easement agreement with Arby's, and that it also was clear to Arby's. He suggested an addition of Section 8 in the Developer's Agreement that said something to the effect that nothing in the Developer's Agreement would preclude New Horizon or the developer from securing the cross easement and utilizing the cross-easement referred to in the Developer's Agreement. Peterson asked for clarification on Item N, on the time schedule. "The consultant shall complete all work on this agreement by March 31, 1990." Gray said it might be appropriate to modify that page and change the date to May 31 because there was some work left to complete. City Council Minutes 5 May 1, 1990 r Tenpas requested clarification on Item B on the Consent Calendar on the status of a tree farm. coiIij% esoiu 41iAt &M-t the pC rLiuil of Urie amendmenC which relates to the replacement of trees did not apply to a tree farm. The requirement of a Land Alteration Permit and requirements regarding environmental damage were still in place. The exception related only to the tree replacement portion. This would apply to any other tree farms that qualify under the particular definiton that was used. If there were other tree farms, the City might want to consider an amendment. IV. PUBLIC HEARINGS A. ISSUANCE OF $2,740,Q0.00 IN REFUNDING BONDS FOR EDEN INVESTMENTS PARTNERSHIP (Continued from April 17, 1990) MOTION Harris moved, seconded by Anderson to continue this item until May 15. Motion approved 5-0. V. PAYMENT OF CLAIMS Anderson moved the payment of claims, seconded by Harris. Roil Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE" VI. ORDINANCES AND RESOLUTIONS VII. PETITIONSj. REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Az>pointment of Sev!tnMembers the T.I.F. AdviggrX ComMittee Since several Councilmembers were not prepared to make their suggestions for appointments at this time, it was suggested that this item was continued to May 15. n MOTION f Motion was made by Harris, seconded by Pideock to continue this item to May 15. Motion approved 5-0. X. O S i x a A. ReRerts 4f.C2uncilmeMbers 1. Ci y Managgr C,valuation Harris said she wanted an unmarked evaluation form in order to do this year's evaluation. Pidcock suggested that the evaluations s ' City Council Minutes 6 May 1, 1990 be done on a rotating basis with one Councilmember and the Mayor working on this evaluation. 2. Goals Harris requested that goals for the coming year be discussed at the same time. These goals should be a ,joint decision with the City Manager. Jullie said he had in mind to have a goals session after the Council review and then bring that to the Council for discussion. Then he would give the Council a list of goals for the next year. He could have a list by the next Council meeting. Harris suggested that the goals be put in order of priority. Tenpas suggested that the goal-setting should be done in late fall this year so that the goals could follow the budgetary process better. MOTION Tenpas moved, seconded by Anderson, that October be designated as the month to do the goal-setting in a workshop session. Motion approved 5-0. MOTION Pidcock moved that Councilmembers do the evaluation with the Mayor on a rotating basis. Seconded by-Tenpas. Pidcock nominated Harris for this position. Motion approved 5-0. g 3. BPI Incinerator 1Application. Harris requested that the situation with the BFI incinerator application be updated. Jullie said that staff had put together a draft of a memo. The plans were to write a letter to the PCA Board outlining the City's concern and asking for a public meeting. Also, the letter would ask if there has been any type of health risk analysis done in connection with the permit that BPI had requested. There were two burners, one of which had been shut down because it did not meet PCA emission standards. The other one was apparently authorized to operate but it had not been in operation. BFI proposed a new unit that would sit outdoors rather than in a building. The site was too small for a building. The City was concerned how this facility would fit into the site, and how BPI would control drainage. The smokestack would be 40 feet in the air. The City questioned whether a site should be more remote and larger so the equipment could be enclosed in a building. What BFI needed was an air emissions permit from PCA for the new burner. The Code allowed up to a 60-toot smokestack in an area zoned industrial, so BPI was within this limit. As the equipment would need to be screened and it was in the floodplain, there were a number of technical issues to be addressed. a City Council Minutes 7 May 1, 1990 Anderson asked if there was anything that could be done with the whole area as far as clean-up as there were so many things there that make it unsightly. Tenpas expressed concern that a decision is required on this by May 10. Peterson said that the City can request a public meeting on this. Anderson said he favored a public meeting on this subject. Harris agreed. MOTION Harris moved, seconded by Pidcock, that a public meeting on this subject be requested. Motion approved 5-0. MOTION Harris moved, seconded by Pidcock, that a special meeting of the Council be held at 6:00 P.M. on Tuesday, May 8 to receive information and an update from staff and on the BPI burner situation. Motion approved 5-0. 4. Landfill Advisory Committee Harris wanted the Council to have an opportunity to meet with '1 this Committee and to understand the direction it was taking. Pidcock said that there will be a meeting of the Landfill Committee at 7:30 a.m. on Monday, May 7 at the Flagship so anyone wishing to attend can be updated at that time. Harris asked if perhaps the Landfill Committee could come to the City Council meeting. Pidcock said this would be too difficult. Pauly said there was also the point that if more than two council people are there, then it would have to be a public meeting. MOTION Harris moved that the Council have a Public Meeting at Flagship on Monday, May 14 at 7:30 in the morning, leaving the details up to the staff. Seconded by Pidcock. Motion approved 5-0. k 5. Debris on Mistral Lane Harris asked staff about the status of construction debris on the site of a partially-constructed house on Mistral Lane. Jullie said staff would report back to Council on this matter. 6. ,Traffic SitUation on CoachMARN lane and Williamsburgt Court Pidcock wanted an update with what has been done with the traffic on Coachmans Lane and Williamsburg Court. Jullie said the City Council Minutes $ May 1, 1990 { police uepartwenL was goirso Lo do some tire markings. the issue was whether they were parking more than 24 hours, which would be the point of violation. A report had not yet been received. 7. Landfill Advisory Committee Video Pidcock also said there was a subcommittee working on a video about the landfill. It would give a visual impact on why a current dump should not be expanded without a liner. Tenpas stated that BFI will be taking a very agressive position in the 1991 legislative session. Its plan is to facilitate as many tours for legislators as it can for a site visit. Tenpas believed that what would happen with the video, however, was that those people would get a little different perspective on a landfill. The Impact was much better when a site was actually visited and it could be seen what the landfill would do to the area, to the wildlife and other things. To utilize this video as an informational piece would give legislators a better understanding of what was going on. The video would highlight the nine points in the contested case. Pidcock said the idea was to get it. to as many legislators as possible to view it, as well as state and federal agency officials. s Anderson said that as many legislators as possible should be brought out to look all around the landfill. Pidcock agreed with this. Tenpas said what BFI's lobbyists were doing we:s using the argument with legislators that Eden Prairie already had a landfill and by putting an expansion there, it wouldn't be in their backyards. Pidcock spoke about the Landfill Committee meeting of April 30. Tenpas said that what had been requested from Pat Forceia was a plan for the lobbying effort. Tenpas said he believed the City needs someone to lobby the legislators. At the same time a proposal from Corporate Video was reviewed. Mona, Meyer and McGrath, a public relations firm, was also there. It was also asked to prepare a proposal to make sure that everything the City did at every level would get as much media attention as possible. Pidcock said that she believed the Committee was accomplishing a lot and that it would like to get more publicity. Tenpas added that one-fifth of the work Forceia's firm had been doing was with environmental concerns and it had been very active in this area. 8 . Prairie Center Drive Pideock spoke about the roadway condition on Prairie Center Drive by Singletree Lane. There was dirt all over the street and it was not being cleaned up. Lambert said the fill was coming from the Highway 169 project and was being brought to 4 City Council Minutes 9 May 1, 1990 i properties owned by the Flagship and by the City. It would probably be another month of hauling up to 70,000 cubic yards of fill. Lambert said they would talk to the contractor about cleaning-up. 9. Board of Appeals and Adjustments DecjsL9ns Pidcock said she had talked with some,of the people on the Board of Appeals and Adjustments and they were distraught when the Council overruled them. This Board would like to get together with the Council or get an update after the Council overrules one A of its decisions. Pidcock said that if the minutes of the Council meeting were sent to them after a decision, this would meet the request of this Board. Tenpas suggested that the easiest thing to do would be to have a representative from that Board attend a Council meeting when a matter involving them was to be discussed and acted upon by the Council. Pidcock said that they have had representatives at Council meetings but requested that the minutes be sent also. 20. Pibljc Information regarding Sewer Backups Pideock expressed concern that people were not being informed about what to do about sewer backups. Peterson said that this affected a limited number of persons annually and he believed the City should not spend a lot of money on this. Harris suggested that the press could do a story on this. Peterson said he would not support putting information in the utility bills. 11. jigarette Vencding Machines ,Anderson spoke regarding cigarette machines. He said he had asked the staff to print up a list of locations that had cigarette machines. He expressed concern that there are a few places where young people could purchase cigarettes from machines without being observed by an adult. He asked how the new state law would affect private businesses. Pauly replied that the new law did not pre-empt local regulations. Anderson asked what the penalty was for selling cigarettes to minor* from a machine. Pauly replied that the owner or franchisee of the machine had the liability. MOTIQN Anderson moved that staff look into ways of controlling cigarette machines so that minors are not able to purchase cigarettes from vending machines. Seconded by Pidcock. Motion approved 5-0. City Council Minutes 10 May 1, 1990 12. Recognition for Earth Week Participants Anderson spoke about Earth Week and said as a whole the response was very good and it was success. He would like to have at the next Council meeting representatives of organizations and people who participated to give them public recognition for their help. There were six truckloads of debris taken out of the City and many people made a tremendous effort on this project. MOTIO.�T Anderson moved that those groups and individuals who participated in Earth Week be recognized at the next Council meeting. Harris seconded. Motion approved 5-0. 13. Trail Fasemgnt throusth the International School to Bryant Lake Park MQTION• Anderson moved that staff and the Parks, Recreation, and Natural Resources Commission provide the Council with a recommendation regarding an easement through the property of the International School to get to Bryant Lake Park. Seconded by Harris. Motion approved 5-0. 14. Industrial Drive Area Anderson expressed concerned about the Industrial Drive area talked about earlier. There had been a lot of violations in the floodplain area. There were a variety of things the City, should check on. MOTION Anderson moved, seconded by Tenpas, that the staff review the situation in this industrial area and make recommendations as to what might be done, including rezoning and redevelopment recommendations. Motion approved 5-0. B. Report of City► Manaster 1. Liquor More Options MOTION: Anderson moved that Council approve staff recommendation to extend the lease at the Preserve Village Shopping Center for one year and to retain a consultant to make recommendations as to where and how many stores the City should have. Pidcock seconded. Motion approved 5-0. Awl f City Council Minutes 11 May 1, 1990 C. Report of City Attorney D. Report of Director of Planninit E. Report of Director of Parks, Recreation and Natural Resources 1. Staring Lake Park Acquisition Lambert showed a copy of the Guide Plan as it related to this property. He said the owner was now willing to sell the property for $675,000 and staff recommended that this be purchased as the price was a fair one. He requested authorization to negotiate the terms with Mr. Boyce for the acquisition of this property. Harris said she agreed with the acquisition of this property, but suggested that options be reviewed so the City would not lose the option to acquire the Minnesota River valley property when that time came. Tenpas said he supported this acquisition and believed the City needed to set aside funds for land acquisition. Anderson expressed concern that spending this money now may put many projects behind schedule and that there were other important parcels that the City may not have the money to acquire. MOTION• Pideock moved, seconded by Anderson that staff be authorized to proceed with negotiations to acquire this property at the price of $675,000. Jullie requested that the motion include authorization for a loan of $675,000 from the Trunk Debt Service Fund to purchase the Boyce property. Notion approved 5-0. 2. Purgatory Qree is Recreation Area Update Lambert reviewed the plans for development of this area with the Council. He said the money that was in tax increment financing was matched with Watershed District Funds ($2 million in its five- year CIP). He requested that the City also send a letter to the Watershed District asking that the raaaney continue to be shown in the CIP. The Watershed District had basically funded all of its budget for the next 22-18 months for the Chain of Lakes project. The City could use tax increment financing for its portion of this project and have the Watershed District fund 50% for the dredging of the pond area, the trail system, and a major portion of this park. The park should look like the plans in about five years. Anderson said he would like to look at the options on the feasibility study. He was concerned about the destruction of the vegetation in that area with the dredging of the outlet to Staring Lake. 4 City Council Minutes 12 May 1, 1990 k Lambert suggested that the City Council approve the eight steps outlined on Page 1097A of the packet. MOTION: IQ : Harris moved to authorize the staff to proceed through the steps recommended by Lambert. Seconded by Pidcock. Motion approved 5-0. a i F. Report of Director of Public Works G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMEt3: MOTI'm Harris motioned to adjourn at 9:45 p.m. Seconded by Pidcock. Motion approved 5-0. 5 i I i i