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City Council - 04/16/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, April 16, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock and H. Martin Jessen 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 Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL Present: Richard Anderson, Acting Mayor; Jean Harris, H. Martin Jessen, Patricia Pidcock Absent: Douglas Tenpas PRESENTATION OF PROCLAMATION DECLARING APRIL 21-27, 1991 AS DISABILITY ACTION WEEK IN EDEN PRAIRIE (Resolution No. 91-88) • Acting Mayor Anderson announced Disabilities Action Week in Eden Prairie from April 21-17 and presented a copy of the proclamation to Eden Prairie resident, Justin Cutshall. DISCUSSION WITH REPRESENTATIVES OF HENNEPIN PARKS Jullie introduced Douglas Bryant, Superintendent of Hennepin Parks, as well as James White and Judith Anderson, representing the Suburban Hennepin Regional Park Board. James White, representing District 4 which includes the City of Eden Prairie, said that agreement had been reached between Hennepin Parks and the City on the Rowland Road improvements. Jessen asked where the trail project for Bryant Lake Park stood on the priority list. White said priorities for 1992 projects would be set within a week and added that he believed it was important to build the trail system which would tie the various suburban community parks together within the next two years. Bryant said that Bryant Lake Park was one of the projects planned for presentation to the State Legislature and the Metropolitan Council for funds in 1992. However, he added that one of the difficulties had been that Capital Improvements Funding from the State of Minnesota had been greatly decreased • in the last eight years. He said the State had agreed to fund $5 million in the last biennium, with the Metropolitan Council agreeing to fund another $15 Eden Prairie 2 April 16, 1991 City Council Minutes • million. He said that State aids in homestead credits had been cut by approximately $500,000 in the last nine months and there was a possibility that the Legislature would cut $800,00 from Operation and Maintenance Funding in the present session. A budget crisis could result from these cuts. Hennepin Parks had asked the Metropolitan Council to extend the deadline for the Capital Improvements request until after the legislative session so it would know how much money would be available for Operation and Maintenance. Harris asked about the status of the trail which crosses the International School property. Bryant said Hennepin Parks was very supportive of the project, and it would work with the City to see that the trail connection through this property was completed. Jessen asked about the status of Anderson Lakes Park Reserve and relocation of the nature center. White said that because of the increase in human population in the area, many types of wildlife had taken refuge in the Anderson Lakes Park Reserve. He also said Hennepin Parks had written to the U.S. Fish and Wildlife Service requesting that it investigate what the impact would be to the wildlife if the human population were given full access to the area. Up to the present time, it had been difficult to keep people out of the wildlife area, but plans were in process to make the area on the west side of Anderson Lakes Parkway a wildlife sanctuary. Bryant said that it was necessary for the City and Hennepin County to make some decisions relative to • improvements to Anderson Lakes Parkway and how much of the park would be taken for right-of-way. Jessen asked what the City could do to assure money would be available to develop the trail system in Bryant Lake Park. Bryant suggested the City support this action by a resolution to the Metropolitan Council, along with any support that could be given at the legislative level. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Jessen, to approve the agenda. Pidcock requested the addition of the following items under X.A Councilmembers Reports: (1) Hearings at the State Capital on Fiscal Disparities; (2) Senior Volunteers Recognition at the Earle Brown Center; (3) Back-up for Councilmembers. Jullie requested that Item J under III. Consent Calendar, be deleted. He also requested addition of Item X.B.2, Support for Brady Bill. Agenda approved as amended 4-0. • Eden Prairie 3 April 16, 1991 • City Council Minutes II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, APRIL 2 1991 MOTION Jessen moved, seconded by Pidcock, to approve the Minutes of the Special City Council Meeting held Tuesday, April 2, 1991. Jessen requested a correction on 9 of the Minutes. Motion to adjourned was approved 4-0 instead of 5-0. Minutes approved as amended 3-0-1 with Harris abstaining. III. CONSENT CALENDAR A. Clerk's License List B. Award Contract for Portable Engine-Generator Set, I.C. 52-215 C. 2nd Reading of Ordinance No. 11-91 Regarding Dumping Household Refuse in Public Trash Receptacles D. Arbor-Day Proclamation (Resolution No. 91-89) • E. Request by Jim Osberg, 6879 Alpine Trail, for Land Alteration Permit to Excavate Wildlife Pond in Backyard F. Authorize Application for Permit to Connect to Metropolitan Waste Control Facilities in Hedguist Addition (Resolution No. 91-103) G. Approve Easement Agreement for Masters Property on Beach Road H. FAIRVIEW MEDICAL HEALTH CLINIC OF EDEN PRAIRIE by Fairview Hospital and Healthcare Services. 2nd Reading of Ordinance No. 9-91, Zoning District Change from Rural and I-2 to Office on 2.9 acres; Approval of Developer's Agreement; Adoption of Resolution No. 91-90, Authorizing Summary and Ordering Publication of Ordinance No. 9-91; Adoption of Resolution No. 91-59, Site Plan Review on 2.9 acres for construction of a 15,200 square foot medical health care clinic to be known as Fairview Medical Health Clinic of Eden Prairie. Location: East of Prairie Center Drive and south of Technology Drive (Ordinance No. 9-91-PUD-3-91 - Zoning District Change; Resolution No. 91-90 - Authorizing Summary and Ordering Publication; Resolution No. 91-59 - Site Plan Review) I. TIMBER LAKE DRIVE TOWNHOMES by the Pemtom Company. 2nd Reading of Ordinance No. 8-91, Zoning District Amendment within the RM-2.5 Zoning District on 2.11 acres with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement; Adopt • Resolution No. 91-91, Authorizing Summary and Ordering Publication of Ordinance No. 8-91; Adopt Resolution No. 91-53, site plan Review Eden Prairie 4 April 16, 1991 City Council Minutes • on 2.11 acres for construction of 16 townhouse units in 4 buildings to be known as Timber Lake Drive Townhomes. Location: • Northeast corner of Timber Lake Drive and Island Road. (Ordinance No. 8-91 - Zoning District Amendment; Resolution No. 91-91 - Authorizing Summary and Ordering Publication; Resolution No. 91-53 - Site Plan Review) J. BLUFFS WEST 9TH ADDITION by Hustad Development Corporation. 2nd Reading of Ordinance No. 32-90-PUD-11-90, Zoning District Amendment within the R1-13.5 Zoning District and Zoning District Change from R1-22 to R1-13.5 on 14.16 acres with shoreland variances to be reviewed by the Board of Appeals; Adoption of Resolution No. 91-92, Authorizing Summary and Ordering Publication of Ordinance No. 32-90-PUD-11-90; 25 single-family lots, 3 outlots and road right-of-way. Location: North of Bluestem Lane and west of Bennett Place. (Ordinance No. 32-90-PUD-11-90 - Zoning District Amendment and Zoning District Change; Resolution No. 91-92 - Authorizing Summary and Ordering Publication) (This Item was deleted from the Consent Calendar) K. BLUFFS EAST EIGHTH ADDITION by Hustad Development. 2nd Reading of Ordinance No. 39-90, Zoning District Change from Rural and R1-22 to R1-13.5 on 3.5 acres; Adoption of Resolution No. 91-93, Authorizing • Summary and Ordering Publication of Ordinance No. 39-90; 15 acres in 8 single-family lots. Location: Bluff Road between White Tail Crossing and Wild Duck Pass (Ordinance 39-90 - Zoning District Change; Resolution No. 91-93 - Authorizing Summary and Ordering Publication) MOTION Harris moved, seconded by Jessen, to approve the Consent Calendar as amended with the deletion of Item J. Motion approved 4-0. IV. PUBLIC HEARINGS A. YEAR XVII CDBG by the City of Eden Prairie. Adopt Resolution No. 91-83, Approve Program for Year XVII CDBG Funds and Authorize its Submittal: Adopt Resolution No. 91-84 - Amending Year XVI Statement of Projected Use of Funds. (Resolution No. 91-83 - Approving Program for Year XVII CDBG Funds, Authorizing Submittal; Resolution No. 91-84 - Amending Year XVI Statement of Projected Use of Funds) Jullie said notice for the federally-required public hearing had been published in the April 4, 1991 issue of the Eden Prairie News. He said the City was eligible to apply for approximately $80,000 in CDBG is and recommendations from the Human Rights and Services Eden Prairie 5 April 16, 1991 • City Council Minutes Commissions for the use of the funds were as follows: Greater Minneapolis Daycare Association $18,640; Household and Outside and Maintenance for Elderly $5,250; Housing Rehabilitation Deferred Loan Program $30,000; Pool Chair Lift for the Physically Disabled $1,400; and Scattered Site Housing Assistant Program $24,580. He called Council's attention to the corrections to be made in the copy of Resolution No. 91-83 to reflect the above amounts. There were no comments from the audience. Jessen moved to close the public hearing and adopt Resolution No. 91-83 and Resolution No. 91-84. Seconded by Pidcock. Motion approved 4-0. B. REQUEST FOR REFINANCING MULTI-FAMILY HOUSING REVENUE BONDS FOR TANAGER CREEK IN THE AMOUNT OF $10,400,000 Jullie said notice for the public hearing was published in the March 28, 1991 issue of the Eden Prairie News: Tanager Limited Partnership was requesting a refinancing of the $10,400,000 in Housing Revenue Bonds for the Tanager Creek Apartment project. • There were no comments from the audience. MOTION Jessen moved, seconded by Harris, to close the public hearing. Motion approved 4-0. V. PAYMENT OF CLAIMS MOTION Harris moved, seconded by Pidcock, to approve payment of claims. Payment of claims approved with Harris, Pidcock, Jessen, and Anderson all voting "AYE". VI. ORDINANCES AND RESOLUTIONS A. Revenue Bond Fees (Resolution No. 91-105) Continued from April 2, 1991 Jullie said this was a continued item from April 2, 1991 at which time motions to continue the fee and to remove the fee both failed on a 2-2 vote. He referred to the background memo in the packet which • related three options for Council decision. Eden Prairie 6 April 16, 1991 City Council Minutes • Harris and Jessen said they supported continuing and clarifying the present policy as described in Option 1. MOTION Harris moved approval of Resolution 91-105 amending Resolution No. 91-08, continuing the present policy of imposing the 1/8% fee on all new projects, including all forms of refinancing. Seconded by Jessen. Motion approved 4-0. B. Request for Approval for Refinancing Multi-Family Housing Revenue Bonds for Tanager Creek in the Amount of $10,400,000 (Resolution No. 91-104) MOTION Harris moved to approve Resolution No. 91-104, seconded by Pidcock. Motion approved 4-0. C. Resolution No. 91-87 Providing for _a Reduction of the Interest Rate on the TriCor Industrial Development Bond Jullie recommended this item be continued to the May 7, 1991 • meeting. MOTION Pidcock moved, seconded by Harris, that this item be continued to the May 5, 1991 meeting. , Motion approved 4-0. D. EATON INDUSTRIAL ADDITION by The Eaton Corporation. Adopt Resolution No. 91-79, Preliminary Plat of approximately 47 acres into 2 lots with variances to be reviewed by the Board of Appeals to be known as Eaton Industrial Addition. Location: 15151 Highway 5. (Resolution No. 91-79 - Preliminary Plat) Jullie explained this was a platting request and said notice of the discussion was mailed to owners of 23 properties in the project area and published int he April 4, 1991 issue of the Eden Prairie News. The Eaton Corporation was proposing to divide its 47 acres into two lots. Peter Knaeble, representing Krueger and Associates, explained the details of the project using maps and charts. Enger said the Planning Commission recommended approval of the project at its April 8, 1991 meeting subject to the conditions of the April 5, 1991 staff report. The Engineering Department recommended • that right-of-way dedication not take place at the present time, but Eden Prairie 7 April 16, 1991 • City Council Minutes rather after the Highway Department determined the width and dimensions of the right-of-way. Staff recommended approval of the preliminary plat into two lots subject to the April 12, 1991 memorandum which was updated from the Planning Commission meeting of April 8, 1991. In addition, prior to release of final plat the proponent shall provide a construction schedule and proper financial security for the construction of a water main to Lot 2. Also, concurrently with the release of the final plat the proponent shall file a cross-access easement for the purposes of providing access to Lot 2. Finally, the proponent shall acknowledge that within 30 days of notice by the City, it shall dedicate to the City an agreed-upon portion of right-of-way over Lot 1 for the construction of the extension of Technology Drive through the property. MOTION Jessen moved, seconded by Pidcock, to approve Resolution No. 91- 79 - Preliminary Plat and direct staff to prepare the development agreement. Motion approved 4-0. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Single tree Plaza Development Proposal - Request for Comments from • Council regarding Variance from Building Floor Area Ratio of .20 to .24 Kelly Doran, representing The Robert Larsen Partners, gave background information on the property and the project. He said his request for comments concerned Floor Area Ratio coverage only and that the proponent would "return to the Council at another time with the details of the entire development project. He said the reason for requesting .24 FAR was that the anchor tenant for the development had requested expansion space. The proponent recommended the Council change FAR for the entire Major Center area as it believed the present policy of FAR of .20 was too restrictive. He stressed that at this time the proponent was looking for Council guidance on the FAR issue only. Dale Beckman, representing BRW, explained the issues surrounding traffic and drainage on the site with the use of drawings and maps. He explained the plans for parking and landscaping as well. Enger said the proponent wanted a reading from the Council on the FAR issue before it went ahead with the project. He pointed out that the staff report in the packet was not a complete analysis of the site plan. He said the Council would have to decide whether or not it would set a precedent by changing the FAR because there was no hardship issue involved, nor would it be a decision based upon 40 meritorious design. Eden Prairie 8 April 16, 1991 City Council Minutes • Jessen said he would favor an increased FAR in the Major Center Area because this was the area that the City wanted to encourage people to come to for shopping. Harris agreed. Harris asked if the anchor tenant could be replaced with a tenant that would agree to the .20 FAR requirement. Doran said that the tenant had indicated that in the event the FAR would not be changed that it would buy the site and build a free-standing building. Donald Brauer, representing the adjacent property owners, Naegele and Teman, said he had understood that the City would establish a zoning ordinance classification in the Major Center Area which would be different from other parts of the City. He encouraged the Council to consider this type of action rather than a variance. He recommended amending the ordinance to affect the remaining two large sites for commercial development as well. He said increasing the FAR in the Major Center Area would result in less peak-hour trips because the traffic would be concentrated in one area. He also said he did not support putting a public right-of-way on Commonwealth Drive but rather favored making it a private roadway so that trees could be planted along side of it. Enger. said he would be willing to make a comparison on Floor Area Ratio with other communities. He pointed out that the ordinance • spoke to either a waiver through the PUD process or a variance. Variance would require a hardship and a waiver through the PUD process would require meritorious design or design better than could be accomplished under the ordinance. He recommended that Council be persuaded that the development would be a better design at .24 than at .20 before it agreed to the variance. Pidcock said she would like to see some plans for some public transportation in the area. Jessen suggested exploring opportunities that would allow the City to get maximum development with minimum parking. He suggested having a special meeting within the next two weeks to discuss the potential for the area. Harris and Anderson supported this suggestion. MOTION Harris moved that Council hold a meeting with the affected property owners and the City staff to explore the possibilities and options for the properties in the Major Center area. Seconded by Jessen. Doran said he supported the Council proceeding in this way. Motion approved 4-0. • Eden Prairie 9 April 16, 1991 • City Council Minutes B. Request from Don Atkins Jullie said Mr. Atkins had requested to speak with Council on erosion control issues. Staff had met with Mr. Atkins and had a fairly good understanding of his concerns. Don Atkins, 9580 Eden Prairie Road, said he was concerned that measures to prevent soil erosion were not being taken in the City and encouraged Council and staff to give attention to this matter. He was also concerned that developers were not seeding the property within the required 72 hours after a project was finished, thus causing further erosion. After further Council discussion, there was general consensus that erosion-control requirements in the development agreements should be more strictly enforced by the City. Anderson requested staff to provide information on existing ordinances on erosion control and whether or not they were effective, so that Council could decide whether or not the ordinances needed to be strengthened. • VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Fiscal Disparities Pidcock said she had been requested to substitute for Mayor Tenpas to give testimony on behalf of the City on fiscal disparities at the State Capitol. However, because of a prior commitment she was not able to reach the hearings in time, Craig Dawson of the City staff had given an excellent presentation on behalf of Eden Prairie. She thanked Dawson for a job well done, and distributed copies of the testimony to Council members for their information. 2. Senior Volunteer Recognition at Earle Brown Center in Brooklyn Center. Pidcock said she had attended a reception in Brooklyn Center to honor senior volunteers. Several Hennepin County commissioners and officials from other cities in the metropolitan area were present. She said she was one of only two representatives from • Eden Prairie and was disappointed that the volunteers from Eden Prairie were not better represented. Eden Prairie 10 April 16, 1991 City Council Minutes • 3. Back-up for Councilmembers Pidcock suggested that it would be appropriate for the Council to establish a policy of having a back-up person appointed for any Councilmember who was scheduled to represent the City in an official capacity. An example of the situation had been Mayor Tenpas being called out of town when he had been scheduled to represent the City on fiscal disparities at the State Capitol. Harris said she agreed that the Council should work out a system to cover these situations. Jessen also agreed and suggested that when a Councilmember was scheduled to represent the City in an official capacity, it be placed on the calendar so that all Councilmembers were aware of it. B. Report of City Manager 1. Funding for Video Equipment Jullie said that after investigation staff had found that the budget allocation for this item was short by approximately $13,000. Therefore, he asked if Council wished to increase the allocation before proceeding on the purchase of this equipment which would allow the broadcast of Council meetings via cable television. • MOTION Jessen moved to authorize the expenditure of additional money to obtain the necessary video equipment. Motion failed for lack of a second. Harris said she would favor waiting until a permanent City Hall site was established so that the equipment could be installed at the time the new facility was built. She also said it was difficult to justify the additional expenditure at a time when other needs of the community had been delayed for lack of funds. She further stated that she would like to wait until the new newsletter had been evaluated as a way to communicate with the community. Jessen said he believed that it was important to the people of the community to have access to the government, and he believed televising Council meetings was an good way to accomplish this. Pidcock said she would favor spending the money if the City had a permanent City Hall. However, because the present facilities were temporary, she favored using the newsletter as a communication vehicle. Anderson said he believed it was much more cost-effective to install video equipment at the time a new building was built, and • Eden Prairie 11 April 16, 1991 • City Council Minutes he would favor waiting for a permanent City Hall before televising Council meetings. MOTION Pidcock moved, seconded by Harris, to delay purchasing cable television equipment until such time as a permanent City Hall was built. Motion approved 3-1 with Jessen voting Nay. 2. Support for Brady Bill Jullie called Council attention to the communication from the National League of Cities regarding the Brady Bill which addressed the issue of gun control. Each Councilmember expressed support for the bill and Jullie was directed to communicate this information to the National League of Cities. C. Report of Planning Director 1. Discussion of Changes on Screening of Trash Areas • Enger suggested that the City ordinance be amended to require screening of dumpsters. He cited cases where shopping centers had left the responsibility for trash hauling to individual tenants, resulting in an unsightly number of dumpsters. He called Council attention to the report on Page 832 of the packet. He also suggested that the Council could direct the issue to the Planning and Waste Management Commissions for further study and recommendation. Harris said she favored directing staff to draft a proposed amendment to the ordinance to address the issue. Anderson said he agreed. He said he would like the City to do a better job of screening dumpsters and also would like to see individual businesses to be more responsible the debris from their properties. Enger suggested adopting a requirement for trash enclosures as a policy before it was made into an ordinance. After further discussion, Council agreed to request recommendations from the Planning Commission and the Waste Management Commission as to what City policy should be in the matter. • Eden Prairie 12 April 16, 1991 City Council Minutes • D. Report of Director of Public Works 1. Options for Seal Coating Trails Dietz said from a cost effectiveness standpoint, Eden Prairie was the leader in the metro area on the trail system, using hot asphalt overlaid with trap rock. However, the material was rather abrasive and some people (usually skaters) objected to it. An alternative would be to use an emulsion-type product and he recommended trying Plushtex on the park trails only. Plushtex would be more costly over a ten-year period because it did not have the life expectancy of the trap rock system, but the advantage would be that it was not as abrasive. Lambert said he did not believe that the City could afford an emulsion-type of seal coating over all the trails in the City. He added that complaints were received only for approximately a month after seal coating. After the areas had been plowed in the winter, no complaints were received. He said he favored limiting the emulsion-type seal coating to Round Lake Park and Staring Lake Park. MOTION Pidcock moved to approve seal coating of trails in the Round Lake • and Staring Lake Park areas with Plushtex. Seconded by Jessen. Motion approved 4-0. 2. Approve Layout Plan No. 4A for T.H. 212/Prairie Center Drive Interchange, I.C. 51-348 (Resolution No. 91-77) Dietz reviewed the Layout Plan as presented by MnDOT and recommended approval. MOTION Pidcock moved adoption of Resolution No. 91-77 approving the Layout Plan for T.H. 212/Prairie Center Drive Interchange, I.C. 51- 348. Seconded by Harris. Motion approved 4-0. 3. Award Contracts for Materials Bids, I.C. 52-226 (Resolution No. 91- 94) Dietz called Council attention to the Summary of Bids for materials. He said that ordinarily Class 5 100% crushed aggregate was bid for gravel road surfacing materials. This year it was suggested that Class 5 Recycled Asphalt be tested. Therefore he recommended awarding bids to J. L. Shiely Company for Class 5 Aggregate-Virgin, and to Midwest Asphalt Company for Class 5 • Aggregate-Recycled. Eden Prairie 13 April 16, 1991 • City Council Minutes MOTION Harris moved adoption of Resolution No. 91-94 awarding contracts for materials bids, I.C. 52-226 to J. L. Shiely Company and Midwest Asphalt Company. Seconded by Pidcock. Motion approved 4-0. 4. Award Contract for Hydrant Painting, I.C. 52-211 (Resolution No. 91-95) Dietz recommended awarding the contract to Central Sandblasting Company. MOTION Harris moved to approve Resolution No. 91-95 accepting the bid from Central Sandblasting Company for Fire Hydrant Painting, I.C. 52-211. Seconded by Pidcock. Motion approved 4-0. 5. Award Contract for Street Striping, I.C. 52-227 (Resolution No. 91- 96) Dietz recommended awarding the bid to AAA Striping. • MOTION Jessen moved adoption of Resolution No. 91-95 awarding the contract for Street Striping, I.C. 52-227 to AAA Striping. Seconded by Harris. Motion approved 4-0. 6. Award Contract for Diesel Crack Sealer, I.C. 52-220 (Resolution No. 91-97) Dietz said a new diesel crack sealer machine was needed. He said that because the MacQueen Equipment, Inc.'s Bearcat machine met the criteria established by the City for this machine better than the Craftco machine which was also considered, it was recommended that the contract be awarded to MacQueen Equipment, Inc. MOTION Harris moved to adopt Resolution No. 91-97 awarding the contract for a Diesel Crack Sealer; I.C. 52-228 to MacQueen Equipment, Inc. Seconded by Pidcock. Motion approved 4-0. 7. Award Contract for Eden Hills Neighborhood Street and Utility Improvements, I.C. 52-212 (Resolution No. 91-98) • Dietz recommended awarding the special assessment project in the Eden Hills Neighborhood to Brown and Cris, Inc.