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City Council - 05/05/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 59 1992 7:30 PM, 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, Don Uram, Planner, and Council Recorder Kate Garwood PLEDGE OF ALLEGIANCE ROLL CALL 1'vlayor Tenpas called the meeting to order at 7:38 P.M. Jessen was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.1. Eden Prairie Position Re: Abuse and Discrimination in Los Angel. Harris added Item X.A.2., LGA and HACA Formulas - Negative Impact on Eden Prairie. Tenpas added Item X.A.3., Proposed Grouu Homes. Jullie added Items X.B.L. Reschedulingof f May 19, Joint Meeting with the Planning Commission to June 16, 1992, and X.B.2., Report on City Activities. MOTION: Pidcock moved, seconded by Anderson, to approve the Agenda as published and amended. Motion carried unanimously. H.MINUTES A. Joint City Council/Board of Appeals & Adjustments meeting held Tuesday, April 21, 1992 MOTION: Anderson moved, seconded by Pidcock, to approve the Minutes of the Joint Meeting with the Board of Appeals and Adjustments held April 21, 1992, as submitted. Motion carried unanimously. B. City Council meeting held Tuesday, ADril 21, 1992 '0, MOTION: Anderson moved, seconded by Harris, to approve the Minutes of the regular meeting of the City Council held April 21, 1992, as submitted. Motion carried unanimously. 1 IILCONSENT CALENDAR 4 A. Clerk's License List B. Approval of Sign Language Interpreter Services Joint Agreement between Cities of Eden Prairie and Edina C. Proclamation for Senior Awareness Week May 11-18. 1992) D. Approve Plans for CSAH 18 from Riverview Road to Pioneer Trail, Hennepin County Project No. 6816, I.C. 52-175 (Resolution No. 92-89) E. Receive Feasibility Report of Leona Road Street and Utility Improvements, I.C. 52-217 (Resolution No. 92-90) F. Release of Special Assessment Agreement for Supportive Infrastructure Serving Cedar Ridge Estates G. Final Plat Approval of Bell Oaks Fifth and Sixth Additions (located east of Homeward Hills Road and north of Riverview Road (Resolution Nos. 92-91 and 92-92) H. Award Bid for Skid Steer Loader • I. Approve Grading Permit for Neal Building. 7975 Wallace Road J. Approve Supplemental Agreement with Barton Aschman for Design of TH 5 between CSAH 4 and CSAH 17, I.C. 52-135 (Resolution No. 92-98) K. Approve Agreement with Twin City and Western Railroad for Dell Road Crossing, I.C. 52-126 L. Recommendation to Hire Engineering Consultant for Miller Park MOTION: Pidcock moved, seconded by Anderson, to approve items A -L on the Consent Calendar. Motion carried unanimously. Mayor Tenpas made an official presentation of the Proclamation for Senior Awareness Week as May 11 - May 18, 1992, to the Eden Prairie Senior Citizens. IV.PUBLIC HEARINGS/MEETINGS A. Order Improvements and Preparation of Plans and Specifications for Braxton Drive, I.C. 52-189 (Resolution No. 92-56) Continued from April 7 and April 21, 1992 Jullie reported that owners of properties involved in a portion of the project area were nearing agreement for land sales. It was expected that these issues would be resolved by the May 19th Council meeting. 2 MOTION: Pidcock moved, seconded by Anderson, to continue this hearing to the May 19, 1992, meeting. Motion carried unanimously. B. LARSON'S HIGH VIEW by Shirley Larson. Request for Preliminary Plat and Final Plat of 3.17 acres into 4 single family lots and road right-of-way. Location: 15380 West Sunrise Circle (Resolution No. 92-84 - Preliminary Plat; Resolution No. 92-93 - Final Plat) Shirley Larson explained the project request. Uram reported Planning Commission approval at its April 13, 1992, meeting. There were no other comments from the audience. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the Public Hearing; 2) Adopt Resolution No. 92-84 to approve the Preliminary Plat; and 3) Adopt Resolution No. 92-93 to approve the Final Plat. Motion carried unanimously. • C. STARKEY LABS ADDITION by Starkey Laboratories, Inc. Request for Planned Unit Development Concept Review on 20 acres, Planned Unit Development District Review within the I-2 and I-5 Zoning Districts with waivers on 20 acres, Site Plan Review on 20 acres and Preliminary Plat of 20 acres into 2 lots and road right-of-way to be known as Starkey Labs Addition. Location: Northwest comer of Washington Avenue and Hamilton Road (Resolution No. 92-85 - PUD Concept; Ordinance No. 10- 92-PUD-3-92 - PUD District & Zoning within the 1-2 and 1-5 Districts; Resolution No. 92-86 - Preliminary Plat) Peter Knaeble, representing Starkey Labs, Inc., presented the development request. Uram reported on the favorable recommendation from the Planning Commission from its meeting of April 13, 1992. There were no further comments from the audience. MOTION: Pidcock moved, seconded by Harris, to: 1) Close the Public Hearing; 2) Adopt Resolution No. 92-85 to approve the PUD Concept; 3) Approve lst Reading of Ordinance No. 10-92-PUD-3-92 for PUD District and Zoning approvals; 4) Adopt Resolution No. 92-86 to approve the Preliminary Plat; and 3 5) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations in particular. Motion carried unanimously. D. BLUFFS EAST 12TH ADDITION by Hustad Development Corp. Request for Zoning District Change from Rural to R1-13.5 on 12.47 acres, Preliminary Plat of 12.47 acres into 28 single family lots and road right-of-way to be known as Bluffs East 12th Addition. Location: East of Antlers Ridge and Meade Lane, west of Franlo Road. (Ordinance No. 11-92-Zoning to R1-13.5;Resolution No. 92-87 - Preliminary Plat) Wally Hustad, Sr., presented the development request. Lambert reported concerns of the Parks, Recreation, and Natural Resources Commission regarding the trail connection between the Bluffs East and Bluffs West residential areas, which were both subdivisions developed by the proponent. This was the only incomplete portion of the sidewalk. Lambert explained that the City was able to receive help from the Twin City Tree Trust, which would provide labor for construction of the trail, if the City supplied the materials. The timing of the trail construction was important as the City did not want to lose the opportunity for the donation of labor. Lambert said the Commission emphasized the importance of this final trail connection between the two subdivisions and recommended that the timing of the trail construction be coordinated with the Twin • City Tree Trust and incorporated into the Developer's Agreement for the project. There were no further comments from the audience. MOTION: Anderson moved, seconded by Harris, to: 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 11-92 for Rezoning; 3) Adopt Resolution No. 92-87 to approve the Preliminary Plat; and 4) Direct Staff to prepare a Developer's Agreement incorporating recommendations of the Commission and Staff, and incorporating the timing for construction of the trail connection between Bluffs East and West as recommended by the Parks, Recreation, and Natural Resources Commission in order to take advantage of the labor to be provided by the Twin City Tree Trust for construction of that connection. Motion carried unanimously. E. VACATION 92-03,Drainage and Utility Easements on Lot 2 Block 1. The Preserve Commercial Park South (Resolution No. 92-94) Existing, unnecessary easements were proposed to be vacated, with new easements to be dedicated to the City for these utilities. 4 There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; and 2) Adopt Resolution No. 92-94 to approve vacation of the drainage and utility easements. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Harris moved, seconded by Pidcock, to approve the Payment of Claims as submitted. Motion carried, with Anderson, Harris, Pidcock, and Tenpas voting "Aye." VI.ORDINANCES AND RESOLUTIONS A. 1st Reading of Ordinance No. 13-19, Amending Chapter 4, Liquor Beer. and Wine Regulations Staff and the City Attorney had prepared an ordinance amendment to bring the City's liquor regulations in compliance with recent changes in State Statutes. • There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to approve 1st Reading of Ordinance No. 13-92 relating to Chapter 4 of the City Code. Motion carried unanimously. B. 1st Reading of Ordinance No. 12-92, Amending Chapter 9 of the City Code relating to the Uniform Building and Fire Code Staff and the City Attorney had prepared an ordinance amendment relating to the Uniform Building Fire Code for the purpose of conformance with recent changes in State legislation. Also, an amendment was proposed regarding boat regulations on Mitchell Lake and Red Rock Lake, to clarify the intent of past Council action. Anderson asked about enforcement responsibilities for the boat regulations. Lambert stated that, while Eden Prairie Police department could enforce the regulations, the City was dependent upon the Water Patrol of the Hennepin County Sheriffs department for enforcement. MOTION: Hams moved, seconded by Pidcock, to approve 1st Reading of Ordinance No. 12-92 amending Chapter 9 of the City Code. Motion carried unanimously. VH. PETITIONS, REQUESTS AND COMMUNICATIONS . A. SMTC Transit Hub/Commercial Venture - An informal presentation by SMTC Jim Lasher, consultant for the Southwest Metro Transit Commission, explained the proposal for a major transit hub at the current intersection of Highway 5 and Prairie Center Drive. It was proposed to 5 accommodate 500 to 1,000 cars. In addition, commercial buildings were possible and the parking area might be designated for use for shared parking for special City events. Opening of the transit facility was planned for 1996. The Planning Commission reviewed this proposal at its March 23, 1992 meeting, noted that the concept had merit, and supported it. Councilmembers expressed concern that the structure be designed as an attractive facility and with the Downtown Eden Prairie concept taken into consideration. Council also recommended that the plans take into account future use of Light Rail Transit. Pidcock gave examples of existing prototypes in the country, such as Tavern on the Green in Central Park, New York, and suggested that Southwest Metro take advantage of the opportunity to be innovative with the facility. Diane Harberts, Transit Administrator of Southwest Metro Transit, assured the Council she was aware of its concerns. She had been working with Planning Staff regarding the overall design of the facility into Eden Prairie's downtown area. She said that community meetings were planned for citizen input, as well. Tenpas noted that this land had been dedicated for Highway No. 212 improvements and created a tremendous opportunity for our City to be the home of such an innovative, exciting project, that would be an real asset to the community. Councilmembers concurred, and supported the concept as presented. B. Hennepin Parks Redistricting The Suburban Hennepin Regional Parks District (Hennepin Parks) had planned a public hearing for redistricting on May 7th. Four options were to be considered. • After discussion, Councilmembers concurred that they would favor a redistricting plan which provided Eden Prairie the greatest autonomy possible. Ideally, all of Eden Prairie would be represented in a single district, with a limited number of other communities of similar population and development characteristics. Council directed staff to make its position known at the public hearing. VIH. REPORTS OF ADVISORY BOARDS, CONBUSSIONS & COMAUTTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Eden Prairie Position Re: Abuse and Discrimination in Los Angeles The Council discussed the events surrounding the beating of Rodney King by Los Angeles police officers, and the resulting trial and riots. Pidcock believed the Council should publicly state the City's policy - that our Police Department would never, under any circumstances, treat anyone with less than respect and dignity. Councilmembers discussed the idea in greater detail, underscoring their support of Eden Prairie's police officers and noting that their behavior was exemplary in every area. Harris stated that such a policy should apply to all situations, not just the Police Department and not just in the 6 matters of race, gender, or other modifiers. Councilmembers discussed methods for making a public statement on the matter. • Anderson believed that the Council should provide community leadership in such issues, and that it would be a responsible act on the part of the Council to publicly state this was a deplorable situation; furthermore, the Council would not tolerate such actions in Eden Prairie, nor would the Council condone such actions in our country. Councilmembers concurred and directed Staff to research existing policies and to prepare an appropriate statement on their behalf. 2. LGA and HACA Formulas - Negative Impact on Eden Prairie Harris expressed concern regarding the imbalance of government aid formulas often appeared to impacted Eden Prairie negatively. She suggested the City become more aggressive in addressing these formulas to the benefit of the city. Councilmembers discussed the representation received from various organizations. They agreed that memberships in those organizations which did not represent Eden Prairie's interests should be reviewed during the 1993 budget meetings. Councilmembers concurred that the City should become more active in such organizations so Eden Prairie might have greater influence over decisions that were made. Council directed staff to research the city's memberships as part of the budget review for 1993. 3. Proposed Group Homes • Tenpas related the outcome of meetings held by the State of Minnesota regarding its intentions to build two group homes in Eden Prairie. Residents had requested time on the agenda May 19th to relate their concerns. Councilmembers concurred that the issue had already received significant public discussion. They agreed that the time for the public comment at the May 19th meeting should be limited. Harris believed it was important not to raise the expectations of the residents that the Council had any control on this issue, as the legislature currently granted total control on placement of group homes to the State. Pidcock asked that names, phone numbers, and addresses of the City's state senators and representatives be available to those attending the meeting on May 19th. Jullie reported that he had sent a letter to the State requesting information about their placement policy and potential for appeal of that policy. He would report any information to the Council. B. Report of City Manager 1. Rescheduling of May 19th Joint Meeting with Planning Commission Jullie suggested an alternate date of June 16th at 6:00 p.m. for the Joint Meeting with the Planning Commission. Due to School Board Elections scheduled for May 19th, the Council could not hold any public meetings until 8:00 p.m. 7 Councilmembers concurred with the new date of June 16th to meet with the Planning Commission. • 2. City Events - Open House at Water Plant and Police Station and Arbor Day Celebration at Staring Lake Park Jullie reported that the open houses held at the water treatment plant and at the police station on May 3rd were very successful and well attended. The Arbor Day Celebration, which had become a popular event sponsored by the City, had also been a success for 1992. He commended staff on the work they had done toward the success of the events. C. Report of Director of Parks. Recreation & Natural Resource D. Report of Director of Planning 1 Summary of Transportation Demand Management Strategy Plan I 494 Corridor Commission (Continued from April 21, 1992) Staff presented a summary of the Travel Demand Management (TDM) Strategy Plan for the I-494 Corridor Commission. The Commission sought Council endorsement of the conceptual plan. Harris had mixed emotions about the project, primarily because of the mandatory component of the ordinance and the penalties for non-compliance. Pidcock stated that the RTB had also expressed concern about mandatory compliance. Tenpas stated that he was involved in the process and that the • first phase was purely an educational process because of the very questions raised by Councilmembers. Harris stated that she felt the City must do this for the environment, but that she was still concerned about the latter phases since there may be mitigating circumstances causing non-compliance. Anderson said the education and information purposes of the Commission were important. E. Report of Director of Public Works 1. Award Contract for Dell Road Shoofly Grading, I.C. 52-126 (Resolution No. 92-95) Dietz explained that the one bid received significantly exceeded the engineer's estimate and recommended Council rejection of the bids. MOTION: Anderson moved, seconded by Harris, to reject the bids for the Dell Road grading project, I.C. 52-126. Motion carried unanimously. 2. Receive 100% Petition for Public Improvements for Bluffs 12th Addition and Order Preparation of Plans & Specifications. I.C. 52-256 (Resolution No. 92-97) MOTION: Harris moved, seconded by Anderson, to adopt Resolution No. 92-97 ordering the • preparation of Plans and Specifications for I.C. 52-256. Motion carried unanimously. F. Report of City Attorney 8 XI. OTHER BUSINESS There was none. XII. ADJOURNMENT MOTION TO ADJOURN was made by Pidcock, seconded by Harris. The meeting was adjourned at 9:25 p.m. 9