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City Council - 07/02/1991 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TIME: 7:30 PM Tuesday, July 2, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock 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 All Councilmembers present. PRESENTATION OF DONATION FROM EDEN PRAIRIE ROTARY CLUB Past President Gary Bergren and current Rotary President George Sandell presented the City with a check for $1,000 for purchasing nursery stock trees for the park system. The Rotary Club will be donating $1,000 a year to the City for the next five years for this purpose. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Jessen moved, seconded by Harris, to approve the agenda. Under X.A. Reports of Councilmembers, Pidcock requested the addition of: (1) Discussion of Quality Management Session of June 24, 1991. Anderson requested the addition of (2) Recycling of Telephone Directories. Harris requested the addition of (3) Update on MUSA Line Expansion. Jullie requested that Item III.B. from the Consent Calendar be continued until July 16, 191 in order to allow staff more time to review the bids. He also requested the addition of Item III. J. to the Consent Calendar: Development Agreement and Second Reading of Ordinance 28-90 for Rezoning of Cedar Ridge 2nd Addition. Motion to approve the agenda as amended approved 5-0. Eden Prairie 2 July 2, 1991 City Council Minutes approved • II. MINUTES A. SPECIAL CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 1991 MOTION Pidcock moved, seconded by Harris, to approve the minutes of the Special City Council meeting held Tuesday, June 18, 1991. Motion approved 5-0. B. City Council meeting held Tuesday, June 18, 1991 MOTION Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting of June 18, 1991. Pidcock requested that her statement regarding the draft of the rental housing code be included on Page 7 of the Minutes as follows: "Pidcock said she favored the Code and agreed it was a good idea to begin on a complaint-only basis because otherwise it could be used as something that it was not intended to be. She said she would be • in favor the public hearings being held as soon as the City Attorney had reviewed the document." Anderson requested that on Page 11 of the minutes, the first sentence of the last paragraph read, "Anderson said in the past the State had been specific that rules may not be made for people who owned property on the lake which differed from the- rules for those who used the public access." He also requested that the next sentence read as follows: He agreed with the recommendations except that he did not believe the City should or could restrict alcohol possession...." Tenpas requested that the corrected minutes be approved at the July 16, 1991 Council meeting. Motion approved 5-0. III. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. Award Contract for Staring Lane/Ridge Road and Sunrise Circle Utility and Street Improvements, I.C. 52-103/52-105 (Resolution No. 91-156) (Continued to July 16, 1991) • Eden Prairie 3 July 2, 1991 • City Council Minutes approved C. ROUND LAKE VIEW 2ND AND 3RD ADDITIONS by Zachman Development Company. 2nd Reading of Ordinance 14-91, Zoning District Change from Rural to R1-9.5 on approximately 10 acres; Approval of Developer's Agreement; Adoption of Resolution 91-151, Authorizing Summary and Ordering Publication of Ordinance 14-91; approximately 10 acres into 29 single-family lots to be known as Round Lake View 2nd and 3rd Additions. Location: North of Valley View Road, north and west of Duck Lake Road. (Ordinance 14-91 - Zoning District Change; Resolution 91-151 - Summary and Publication) D. HIWAY 494 RACQUET CLUB by Northwest Racquet Swim and Health Club. 2nd Reading of Ordinance 12-91, Zoning District Change from Rural to C-Com on 2.7 acres; Approval of Developer's Agreement; Adoption of Resolution 91-142, Authorizing Summary and Ordering Publication of Ordinance 12-91; Adoption of Resolution 91-80, Site Plan Review; 19.53 acres into 1 lot and 3 outlots for construction of a parking lot and tennis court structures on the south side of the property to be known as Hiway 494/Crosstown Racquet, Swim and Health Club. Location: east of Baker Road, north of Holasek Lane. (Ordinance 12-91 - Zoning District Change; Resolution 91-142 - Summary and Publication; Resolution 91-80 - Site Plan Review) • E. FINAL PLAT APPROVAL OF BLUESTEM RIDGE (located west of Bennett Place and north of Bluestem Lane) Resolution No. 91-153 F. FINAL PLAT APPROVAL OF GUILLE 2ND ADDITION (located at the south corner of Twin Lakes Crossing and Starrwood Circle) Resolution No. 91-154 G. GRADING PERMIT FOR FRATTALONE EXCAVATING FOR OFFICE RIDGE CIRCLE SITE H. RECEIVE FEASIBILITY STUDY FOR DELL ROAD IMPROVEMENTS, I.C. 52- 126 (Resolution No. 91-157) I. APPROVAL OF PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR BLUFFS EAST 8TH STORM SEWER IMPROVEMENTS, I.C. 52-223, AND BLUFFS WEST 9TH UTILITY AND STREET IMPROVEMENTS, I.C. 52-224 (Resolution No. 91-159) J. DEVELOPMENT AGREEMENT AND 2ND READING OF ORDINANCE 28-90 FOR REZONING OF CEDAR RIDGE 2ND ADDITION. (Resolution No. 91-146) MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar as amended. Motion approved 5-0. • Eden Prairie 4 July 2, 1991 City Council Minutes .approved • IV. PUBLIC HEARINGS A. TECH 10 by Hoyt Development Company. Adoption of Resolution 91- 147, Planned Unit Development Concept Amendment on 45 acres, Planned Unit Development District Review within the I-2 Zoning District with waivers on 5.6 acres, Site Plan Review on 5.6 acres for approval of additional parking spaces on the Technology Park 7th Addition site. Location: southwest corner of west 74th Street and Golden Triangle Drive. (Ordinance 20-91-PUD-6-91 - PUD District Review within the I-2 District; Resolution 91-147 - PUD Concept Amendment) Jullie said notice for the public hearing had been property published in the Eden Prairie News and mailed to property owners in the area. Brad Hoyt, representing Hoyt Development Company, said the request was for relocation of proof-of-parking spaces on the Tech 10 Development site. He said the reason for the request was that the property was under a purchase agreement and during the "due- diligence" process the purchaser's counsel had uncovered the condition in the developer's agreement which stated that the City could unilaterally require the addition of parking spaces at any time. The project had been originally approved with somewhat less than • 50% of what could be required for parking by City Code. That decision had been based on a statement of the tenant stating that it, had only 45 employees. Therefore, 90 parking stalls were installed, whereas the highest use of the building might require 210 spaces. He said that the changes occurring in the wetlands area adjacent to the parking area, and recent restrictions on wetlands use, might make it impossible to construct additional parking in the present area designated for parking. The purchaser was concerned that if the present tenant did not renew its lease, and the purchaser was not able to install additional parking spaces, it would adversely affect the marketability of the property. Therefore, the purchaser had asked the developer to pursue the relocation of the proof-of- parking. Hoyt then explained the relocation plans by the use of maps and charts. Enger said the Planning Commission had recommended approval of the request for PUD Concept Review and District Review as well as the Site Plan Amendment subject to the staff report of June 21, 1991 on a 6-0 vote at its June 24, 1991 meeting. He pointed out that the original reason for the request was to satisfy the request of a potential buyer, and during the review of the request, the effect of the raising of Smetana Lake on the property became apparent. If the ordinance were waived to allow parking to cross a lot line and parking within a front-yard setback, Hoyt Development should convey to the City the drainage and utility easement to accommodate the raising of the water level in the proof-of-parking area. He said is was also an area of unfinished grading on the property which Eden Prairie 5 July 2, 1991 • City Council Minutes approved was not currently covered by a grading permit, and he suggested that Council require Hoyt to complete plans and submit application for a grading permit for proper review by the Engineering Department. Lambert said the Parks, Recreation, and Natural Resources Commission recommended approval of the project on a 5-0 vote at its July 1, 1991 meeting subject to receiving a drainage easement to the 841 contour. Jessen asked why grading had been done without a grading permit. Hoyt said he believed that the grading plan which was in place for the 1986 PUD for Tech 4, 5, 6, and 7 applied to this property as well. However, he would be willing to apply for another grading permit for Tech 10 if it was required. Jessen asked Hoyt about the letter dated June 21, 1991 which the City had received from Steven B. Hoyt stating that the Hoyt Properties, Inc. partnership would not consent to any encumbering of the Tech 9 site for the Tech 10 site. Hoyt explained that since that letter had been written, he had received the authority to act for the partnership in this regard. SJessen asked why the City's perspective on the grading plan issue differed from that of Hoyt. City Engineer Alan Gray explained that none of the grading plans approved by the Engineering Department had contemplated the temporary relocation of material from one site to another. Gray added that there had been a problem with erosion of the material. He said that Hoyt Development had done some clean- up of material that had eroded across the sidewalks- and the trails, but that he believed improvements could be made in order to retain the material on the site at a reasonable cost to the developer. Gray suggested continuing the item until the July 16, 1991 meeting so that the Engineering Department could receive a proposal from Hoyt on erosion control and temporary restoration. Anderson said the erosion had spread over the road as well as the sidewalk and trail, which resulted in the public not being able to use these facilities. He also expressed concern that the hill in the area had been destroyed by this development. Hoyt stated that the site had been developed according to the original plans and he did not believe the plans had been destructive to the environment. On the issue of the spread of erosion, he said he had been having a problem with people stealing the dirt from the dirt pile which was causing the erosion on to the street and sidewalks. He said he would be willing to come back to Council with the proposal at the July 16, 1991 meeting after he had had the • opportunity to work out agreeable solutions with the City Engineering Department. Eden Prairie 6 July 2, 1991 City Council Minutes .approved • There were no comments from the audience. MOTION Harris moved, seconded by Pidcock, to continue the item until the July 16, 1991 meeting. Motion approved 5-0. V. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Harris, to approve payment of claims. Payment of claims approved with Jessen, Pidcock, Harris, Anderson, and Tenpas all voting "AYE". Motion approved 5-0. VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS • A. Request from Deanna S. Funk and Donna M. Boller regarding Police Reserve Officer resignations Jullie said that two former members of the Police Reserve had requested an opportunity to explain their reasons for resigning their positions with the Eden Prairie Police Reserve unit. Deanna Funk read a letter written by herself and by Donna M. Boller, formerly Lieutenant and Sergeant respectively in the disbanded Police Reserve unit, which outlined the reasons for their resignations. She cited the. thousands of hours of service the Reserve unit had contributed to the City over the past several years. She had been told that there would be extensive training for all Reserve members; however, the members had not received this training. As the duties and responsibilities of the reserve unit had dwindled, low morale developed in the unit. She had been informed later of the changes that would be implemented in the Reserve unit which would include abolishing rank and changing uniforms in order to limit exposure and liability to the reserve officers and the City. She questioned whether the cost of additional liability insurance for the Reserve unit's exposure had been compared to the dollars saved by the unit's volunteer time. She pointed out that up until the time females took on the roles of Lieutenant and Sergeant there had always been ranked positions in • the Reserve units. She claimed that the police administration had Eden Prairie 7 July 2, 1991 • City Council Minutes approved expressed disapproval of women working in the Reserve unit and particularly of women being given the higher ranks. Funk believed that discrimination had been behind many of the changes made. She said at the last Reserve meeting on June 6, 1991, six reserve officers made the decision to resign because they believed they were not wanted or needed by the City. She believed that more Police Reserves would resign for similar reasons. She thought these resignations would be costly to the City in terms of money needed to hire extra police officers, and would be costly to the City in term of bad publicity and potential law suits. Funk believed many of the City's regular police officers were not supportive of the decisions made by the Police Department's management regarding changes in the Reserve unit. In order to prevent frustration and apathy from affecting all members of the department, she urged Council and staff to hire skilled managers. Funk believed this was not the case with the City's Police Department. Pidcock thanked the Reserve officers for their outstanding contributions to the City over the years. Harris said she • recommended that Council receive Ms. Funk's information and take the concerns under advisement. Anderson and Pidcock said they concurred with Harris's suggestion. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS A. Historical & Cultural Commission - Appointment of a member to the Historical & Cultural Commission to fill a vacate term to 2/28/92 Jullie said because of Mr. McCluskey's resignation, there was a vacant term which would end in February, 1992. Jessen suggested that Council interview potential candidates at 7:15 PM on July 16, 1991, just prior to the regular meeting of the Council. Council concurred with this suggestion. X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Quality Management Session, June 24, 1991 • Pidcock said that she was disappointed with the session with Dr. Tveite, in part because it covered only one item on the questionnaire that had been sent to participants. Eden Prairie 8 July 2, 1991 City Council Minutes ' .approved • Anderson said he was in favor of quality management, but he did not believe time should be taken to cover materials that were covered two years ago. He also said he believed there was need for a yearly review of the goals set by Council. He said he did not believe the meeting on June 24 was a good one. Harris said she believed there was universal disappointment in the meeting and suggested that in the future, the expected conclusion be defined before the session in order to avoid being sidetracked. She also said that she believed quality management was basically a staff function, with Council setting policy and staff implementing the policy. Tenpas said he was also disappointed in the organization of the meeting. He believed Council needed a better understanding of quality management and the processes that needed to be followed. Jessen believed Council needed to spend time on defining the parameters within which the City would pursue the quality management purpose. Jessen suggested that Council hold a work session on the subject using all available reports. He believed a good time for review would be before the budget sessions were • held. 2. Recycling of Telephone Books Anderson reported on a meeting he had attended with the Environmental Cities Coalition (ECC). The discussion had centered around ways of recycling telephone directories uniformly among the cities'in the metropolitan area. For winter 1991, Target Stores had agreed to collect the old directories. However, after collection, Target was not able to find a way to recycle them. Now U. S. West had agreed to work with cities to find a way to recycle the directories by January 1, 1992. Jessen suggested that ways to replace telephone directories should be investigated. 3. Update on MUSA Line Expansion Harris asked what the status was on the communication with the Metropolitan Council on the expansion of the MUSA Line. Enger said that the City had submitted an Environmental Assessment Worksheet on the southerly Dell Road extension to • Eden Prairie 9 July 2, 1991 • City Council Minutes . Lapproved various agencies including the Metropolitan Council. Special attention had not been shown to stormwater management in the EAW. He said that in April, when the MUSA Line extension approval was given by the Metropolitan Council, there were five points of concern. These issues were not addressed specifically in the EAW, which raised an alarm for the Metropolitan Council staff. This was the reason for the letter from the Metropolitan Council which stated that it was considering rescinding the MUSA Line. Enger, Gray, and Strgar-Roscoe-Fausch, the consultant who had prepared the EAW, had reviewed the points of concern with the Metropolitan Council. Enger said he believed the City had now satisfied the Metropolitan Council's concern. B. Report of City Manager C. Report of Director of Parks, Recreation & Natural Resources 1. Request from Wyndham Knoll & Hidden Glen Residents to Reconsider the Use of Wyndham Knoll Park for Athletic Association League Play Lambert reviewed the situation outlined in his memo of June 26, . 1991. He said that the residents in the Hidden Glen Subdivision were concerned that the Wyndham Knoll Park was being used for baseball games four to five nights a week and on Saturday mornings, and that the noise from this relatively small park was disturbing to the neighborhood. The limitations of the parking lot were also a concern. The residents of the neighborhood believed that the park was too small for the increased use for Athletic Association baseball games over the past several years. Duane Bez, 18887 Broadmoore Drive, said the major concern was that the park was being used for more than the design allowed. He believed the baseball diamond was originally designed for casual family use and not for organized games. He encouraged Council to publicize a referendum so that larger parks designed for organized baseball could be built. Ken Foote, 19085 Homestead Circle, representing the Baseball Association, spoke about the Association's concerns. The Baseball Association was concerned about the short-term problem of park usage as well as the long-term problem of the programs outgrowing the community's facilities. He presented figures on estimated growth in the baseball program for coming years. He said at the present time there were 1,705 children participating in the program with 55 on a waiting list. He pointed out that the parks were being used to capacity and with the increase in population, the situation would become worse. He encouraged the • Council and staff to support a referendum for building more fields at Miller Park. Eden Prairie 10 July 2, 1991 City Council Minutes approved • In the meantime, he encouraged the City to put a barrier between the parking and the baseball field and playground at Wyndam Knoll Park as he believed the present situation was extremely dangerous. Anderson said he believed recreational facilities for children were very important. He pointed out that Wyndham Knoll Park was not a private park and he believed it should be used as often as needed. Pidcock agreed that children should not be denied the opportunity to play sports and the City should make every possible effort to provide space for this purpose. Jessen agreed that the opportunity for children to participate in organized sports was important. He believed the design of the parks could be improved to alleviate some of the problems. He pointed out that even if a bond referendum were to be successful, there would be at least two more years with the present situation at Wyndham Knoll Park. Therefore, he would favor some redesign of present facilities, and the cost for doing this should be included in the budget. Lambert said he believed it would be approximately four years • after approval of a referendum before additional facilities could be in place. He also pointed out that with the increase in population, more parks would probably be needed again five years after these additional facilities were completed. Regarding short-term solutions, Lambert also said that the parking lot at Wyndham Knoll Park could be expanded with the children's playground moved onto the soccer field, which would be a safer location. He also said that the ballfield and parking lot at Willow Park could be improved for use by the Baseball Association. Harris said she strongly supported the staff recommendation in the memo of June 16, 1991, but that it should be looked upon as an interim step to a better solution. She said she also believed it was important that the community face the fact that a park referendum would be needed. She said the Council, staff, and users of the parks should think of ways to publicize the needs of the parks to the community so the next referendum would be successful. She added that she was concerned about piecemeal solutions and would like to review all the recreational needs in the community. She suggested that Council and staff schedule a work session prior to starting another referendum effort to decide what it should include as it related to all recreational needs in�the community. • Eden Prairie 11 July 2, 1991 • City Council Minutes approved Tenpas said he would like the staff to review what could be done in the budget next year to allocate funds for some additional ballfields before a referendum. He said he would like a recommendation from the Parks, Recreation and Natural Resources Commission and staff on the timing of a park bond referendum and what should be included in such a referendum. Pidcock asked why ballfields could not be put in Miller Park. Lambert replied that grading problems in that park would make constructing a ballfield very difficult. Jessen said a plan should be in place for all the recreational needs in the community including an alternative plans in the event another parks referendum failed. He encouraged satisfying short-term needs which were within the budget that would allow all children who wished to play baseball to do so, even if the facilities were not ideal. MOTION Harris moved, seconded by Pidcock, to authorize staff to spend up to $4,000 to expand the parking lot at Willow Park and make • necessary improvements in order to use the existing ballfield for Athletic Association League play. Motion approved 5-0 MOTION Anderson moved, seconded by Pidcock, that the Wyndham Knoll Park be used six days a week for the remainder of the season. Motion approved 5-0. MOTION Harris moved, seconded by Pidcock, to authorize staff to proceed with current process of evaluating the recreational needs in the community, including the material received from Springsted in terms of financing certain aspects of the recreational facilities, and timing for a proposed referendum. Motion approved 5-0. 2. Request from Joni Straths regarding Trail Outlot on Welters Wav Jullie said this was a request to deed a 20-foot-wide outlot for trail purposes to owners on one or both sides of the outlot. He said the staff and Parks, Recreation, and Natural Resources Commission recommended that the outlot be sold' for the cost of the administrative and legal fees as the City no longer needed the outlot for a trail connection. • Eden Prairie 12 July 2, 1991 City Council Minutes approved • MOTION Jessen moved, seconded by Anderson, to approve the staff recommendation. Motion approved 5-0. 3. H.C.R.R.A. Rail Corridor. Hopkins to Chaska Jullie said communities along the Hennepin County Rail Authority Corridor had agreed that the use of this corridor be similar to that of the Luce Line trail. The major differences from community to community had been the types of uses that would be permitted. Staff recommended that the trail through Eden Prairie be developed to encourage pedestrian, bike, and cross- country ski activities, and that further consideration be given to a parallel multi-use trail for snowmobiles and horses. MOTION Pidcock moved, seconded by Harris, to support the staff recommendation. Motion approved 5-0. XI. OTHER BUSINESS • XII. ADJOURNMENT MOTION Anderson moved, seconded by Pidcock, to adjourn at 10:20 PM. Motion approved 5-0. •