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City Council - 05/19/1992 APPROVED NENUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 199 1992 8:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNC112Y EMBERS: 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, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 8:05 P.M. All members were present. JORECEIVE SAFETY AWARD OF HONOR FROM THE MINNESOTA SAFETY COUNCIL Jullie reported that the City had received the safety award for exceptional accident prevention performance in 1991. The value of this work was seen in refunds in insurance premiums - $70,700 from the League of Minnesota Cities Insurance Trust and$90,000 from workmens' compensation insurance. He congratulated the Safety Coordinator and Safety Committee for their work. Mayor Tenpas thanked the staff on behalf of Council. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.1, Benches at Round Lake Park and at the intersection of CSAH #4 and TH #5. Jullie added Item X.B.3.. Report on Meeting with US EPA Officials in Chicago. Pauly added Item X.F.1.. Award of Bid for the Ice Rink. (Item X.B.4.. Authorizing Contract with the Sterling Groun for Land Acquisition Needs in the TIF Process, was added later in the agenda.) MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. MINUTES A. City Council/Staff Workshop held April 27, 1992 MOTION: Jessen moved, seconded by Pidcock, to approve the meeting notes of Council/Staff Workshop of April 27, 1992, as submitted. Motion carried unanimously. City Council Minutes 2 May 19, 1992 B. Special City Council Meeting held Monday, May 1992 MOTION: Jessen moved, seconded by Pidcock, to approve the minutes of the Special City Council meeting of Monday, May 4, 1992, as submitted. Motion carried on a vote of 4 - 0 - 1 (Harris abstained) C. Regular City Council Meeting held Tuesday, May 5. 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the Council meeting of May 5, 1992, with the following amendment: Page 6, paragraph 2, third sentence, delete the words "Councilmembers discussed" and add, "Pidcock gave examples of. . ." Motion carried on a vote of 4 - 0 - 1 (Jessen abstained) III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No 13-92 Amending Chapter 4, Liquor, Beer, and Wine Regulations and Resolution No. 92-100, Approving Summary for Publication C. 2nd Reading of Ordinance No. 12-92 relating to the Uniform Fire Code and Regulation of Use on Mitchell Lake and Red Rock Lake.and Resolution No.92-99,Approving Summary for Publication D. LORENCE 3RD ADDITION by Peter Knaeble. Denial of request for Zoning District Change from Rural to R1-13.5 on 0.07 acres; and Preliminary Plat of 0.87 acres into two single family lots and one outlot to be known as Lorence 3rd Addition. Location: southeast comer of Valley View Road and Hames Way. (Resolution No. 92-88) E. Approve Plans and Specifications for Traffic Signals at Prairie Center Drive and Singletree Lane I.C. 52-245 (Resolution No. 92-101) F. Authorize Permit Application for Connection to MWCC Facilities (Resolution No. 92-102) G. Approval of Amendments to Fire Fighters Relief Association Bylaws H. Receive March General Fund Budget Status Report I. Award Contract for 1992 City Street Seal Coating, I.C. 52-105 (Resolution No. 92-105) J. Award Contract for Engine Analyzer (Resolution No. 92-106) K. Approve Plans and Specifications for Valley View Sidewalks, I.C. 52-242: Street and Utility Improvements for Creek Knolls, I.C. 52-194; and Street and Utility Improvements for Bluffs East 12th Addition, I.C. 52-256 (Resolution No. 92-107) City Council Minutes 3 May 19, 1992 16 L. Approval of Revised Contract with COMSIS for I-494 TDM Program M. Resolution No. 92-104, Authorizing the Disposal of Tax Forfeited Land N. Resolution No. 92-108, Setting Sale of$1,900,000 State Aid Road Bonds: and Resolution No. 92- 109, Setting the Sale of$1,100,000 Park Bonds With respect to Item H., Pidcock stated that the work did not appear to have been completed at Red Rock Lake as a part of the trail was still blocked by construction dirt and debris. Staff was directed to check into clean up of the area. MOTION: Harris moved, seconded by Anderson, to approve items A - N on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS A. Residents Concerns Regarding Proposed Group Homes Sites Jullie reviewed the response he had received from his letter sent to Mr. James Stoebner, Assistant Commissioner of the State of Minnesota Human Services Department, regarding the placement of two group homes in Eden Prairie. Councilmembers discussed the two group homes in great detail. Following is a summary of their comments: Harris - Understood concerns of neighbors, but believed that differently-abled individuals made good neighbors and that the positive results from placement of individuals in group homes in neighborhoods far exceeded the fears and concerns of the existing neighborhood about negative impact; regarding housing values, had researched and found that cities, including affluent cities nation-wide, had experienced no loss in property values; believed in fair placement and equal sharing of placement of group homes by all communities. Anderson - Was in favor of Fraser Home, the Welcome Home, and the Pride Institute; believed it was part of Eden Prairie's responsibility to share in these activities with other communities; was also concerned about the safety and welfare of the residents; believed the City must be able to guarantee that people will be safe from danger in their neighborhoods. Jessen - Agreed with Harris and that ethically and morally Eden Prairie had a responsibility to care for physically and mentally handicapped; believed there must be sufficient security to be sure nothing detrimental to the community would occur. Pidcock-Agreed with Harris with respect to the importance of integrating group homes into residential neighborhoods and the positive experiences of integrating group homes in neighborhoods; pointed out that no resident had control over his/her neighbors' activities, stating as an example that there had been • a drug house in her neighborhood unbeknownst to her until arrests were made; noted that the existing group homes had proven to be good neighbors in Eden Prairie. Tenpas - Was concerned with the process used to place group homes as it appeared the local unit of government had been left out; welcomed these facilities for mentally and physically handicapped in Eden City Council Minutes 4 May 19, 1992 Prairie and believed in the ongoing responsibility to integrate handicapped S people in the community; suggested that a different location would be better in a transitional area; was concerned about the change over of homes of this type to a home which would house residents who might endanger the existing neighborhood; said if the City cannot absolutely assure the safety of the neighborhoods, then he would be against the group homes. Dan Russ 16717 Cambourne Place Thomas Warner, 18765 Parkview Circle Rob Haberkorn of Whittington Walk, Kristen Joseph. 16784 Whittington Walk,Tom Tupper, 7178 Ticonderoga Trail. and others who were not identified spoke against the group homes in their neighborhoods. Their concerns were as follows: potential decrease in property values over the short- and long-term; suitability of the Chatham Woods neighborhood to a group home in that the lot would be next to a four-lane highway (CSAH #62); amount of parking available on the lot for employees; lack of sidewalks for wheelchair bound residents; the locations were not convenient to a park or bus line; should be in transitional area, not in a$250,000 neighborhood to draw attention to the group home; the possibility that a group home which was set up for physically or mentally handicapped individuals and could become a half-way house for people who had been convicted of crimes of violence. Mr. James Stoebner, Assistant Commissioner of the State Department of Human Services was present to discuss the position of the State of Minnesota with respect to the group homes in Eden Prairie. He explained the process and the intentions of the Department. • Tenpas asked Mr. Stoebner why the history of group home residents could not be made known to the public. Stoebner responded that state law prohibited it for protection of the rights and privacy of individuals placed in the homes. He added that this would not be a violent population and that the State carefully screened persons considered for placement in group homes. Stoebner stated that it would take an amendment of state statutes before any change in the type of group home residents would be allowed. Tenpas asked Stoebner if it would be possible for the City to work with the Department of Human Services Staff to review alternate sites and reiterated frustration at the inability of the City to participate in the process of site selection. Stoebner agreed to work with the City. Members of the audience asked if they would be notified of the results of any meeting with the Department of Human Services. Tenpas stated that the residents would be notified of the outcome of any meeting. Judy Schuck, representing the Human Rights and Services Commission, reported that the Commission had gone on record supporting the issuance of building permits for the two group homes and encouraging the Council to provide leadership to make this a successful venture for all involved. Schuck stated that, as in individual, she wanted to speak in favor of the group homes since few people did at the last two informational meetings. She said she had worked with people with mental and physical handicaps for 25 years and had every reason to believe the projects would be well-run and well-staffed and that the fears of the existing residents would soon dissolve. Schuck expressed concern • that the exclusion of group homes from the City would be sending the wrong message to the children in the community. City Council Minutes 5 May 19, 1992 B. Order Improvements and Preparation of Plans and Specifications for Braxton Drive, I.C. 52-189 (Resolution No. 92-56) Continued from April 7, April 21, 1992, and May 5, 1992) This item has been continued several times as property owners in the southerly part of the project area continue efforts to market their land. The northerly portion of the project could still be done this summer, even if the project were approved by the Council in June. MOTION: Harris moved, seconded by Pidcock, to continue this hearing to the June 2, 1992, meeting. Motion carried unanimously. C. 1992 Amendment of Development Program for Development District 1 and 1992 Amendment of Tax Increment Financing Plans for Tax Increment Districts Nos. 1. 2. 3, 4. 5, 6, and 7 (Resolution No. 92-46B) Continued from April 21 and March 17, 1992 Staff reviewed the projects proposed to be eligible for tax increment funding in the development district. Dietz explained that approximately $5.7 million would be available after several projects, to which the City was already committed, were completed. He further explained that approximately 14 - 15 of the items could be completed with the funds. Dietz asked for any prioritization by Councilmembers for the remaining projects. Jessen suggested preservation of more land for economic development. Pidcock concurred. Jessen also • recommended that item 8 be dropped in priority for 10 and 11 and 14. Harris said she was not willing to move item 8 in priority. Tenpas remarked that circumstances could, and likely would, change many times before final decisions on expenditures. He agreed it would be prudent to put money into land banking, adding that he was comfortable with the list of projects for now. There were no further comments from members of the audience. MOTION: Pidcock moved, seconded by Harris, to: 1) Close the Public Hearing; and 2) Adopt Resolution No. 92-46B as proposed. Motion carried 4-1-0 Jessen against. D. G E CAPITAL PROPOSED RECREATION FACILITY by G.E. Capital Fleet Services, Inc. Request for Zoning District Amendment within the Office Zoning District on 19.2 acres with a Shoreland setback variance to be reviewed by the Board of Adjustments and Appeals and Site Plan Review on 19.2 acres for a recreation facility. Location: North edge of North Lake of Anderson Ickes. . (Ordinance No. 14-92 - Zoning District Amendment) Ms. Judy Brinkhaus, representing G E Capital, reviewed the proposal to construct outdoor recreation facilities to the southeast of the existing building. The plan included one tennis court, six golf practice City Council Minutes 6 May 19, 1992 drive cages, and a basketball backstop and net on 0.25 acre. The property in question was sensitive as it was part of a meadow that provided a wildlife habitat. Enger reported that the Planning Commission recommended approval unanimously at its April 27th meeting. At its May 1lth meeting, the Commission reviewed a revised plan with less impact on the natural area and again recommended unanimous approval of the revised plan. Lambert said the Parks, Recreation &Natural Resources Commission recommended approval at its May 18th meeting,including a requirement for conservation easement along newly aligned trail. There were no comments from members of the audience. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 14-92 for Zoning District Amendment; and 3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. • E. EDEN PRAIRIE FORD PARKING EXPANSION by Denwal Management. Request for Zoning District Change from Rural to C-Reg-Ser on 1.5 acres with variances to be reviewed by the Board of Adjustments &Appeals and Site Plan Review on 1.5 acres. Location: Plaza.Drive east of Prairieview Center (Ordinance No. 15-92 - Zoning District Change from Rural to C-Reg-Ser) Don Brauer, representing the proponent, presented the proposed amendment to the approved development plan. The proposed parking lot expansion was toward the east of the site currently under construction and would enlarge the overall site by 1.5 acres. Brauer said the proponents were also asking for approval of grading prior to second reading. Enger reported that the item was recommended for approval by the Planning Commission at its April 27th meeting. There were no further comments from the audience. MOTION: Harris moved, seconded by lessen, to: 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 15-92 for Zoning District Change; • 3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations; and City Council Minutes 7 May 19, 1992 4 Allow for grading on the property prior to second reading with the understanding that the g g P PertY P g g proponent was proceeding with grading at its own risk. Motion carried unanimously. F. THOMAS REZONING by Russ Thomas. Request for Zoning District Change from RM-6.5 to Rl- 13.5 on 0.41 acres. Location: 8600 Grier Lane. (Ordinance No. 16-92 - Zoning District Change from RM-6.5 to R1-13.5) Enger reported that the Planning Commission reviewed this request at its April 27th meeting and recommended approval of the project. There were no further comments from the audience. MOTION: Harris moved, seconded by Jessen, to: 1) Close the Public Hearing; and 2) Approve 1st Reading of Ordinance No. 16-92 for Rezoning. Motion carried unanimously. •V.PAYMENT OF CLAIMS MOTION: Harris moved, seconded by Anderson, to approve the Payment of Claims as submitted. Motion carried, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "Aye." VLORDINANCES AND RESOLUTIONS A. THOMAS REZONING by Russ Thomas. 2nd Reading of Ordinance No. 16-92, Zoning District Change from RM-6.5 to R1-13.5 on 0.41 acres; Approval of Resolution No. 92-95, Authorizing Summary of Ordinance No. 16-92,and Ordering Publication of Said Summary. (Ordinance No. 16-92- Rezoning; Resolution No. 92-95 - Authorizing Summary and Publication) MOTION: Harris moved, seconded by Jessen, to: 1) Approve the 2nd Reading in order to Adopt Ordinance No. 16-92; and 2) Adopt Resolution No. 92-95, Authorizing the Summary of the Ordinance for Publication. Motion carried unanimously. . (Tenpas left at 10:45.) VUXETITIONS, REQUESTS AND COMMUNICATIONS A. Legislative Update by Senator Roy Terwilliger City Council Minutes 8 May 19, 1992 Senator Roy Terwilliger had requested an opportunity to speak with the Council about issues at the Legislature. He offered assistance with the group home issue discussed at this meeting, and updated the Council on various matters related to budgeting for local governments. He asked for comments and suggestions from Councilmembers. Pidcock asked if it would be possible to initiate an audit on the RTB. Harris concurred, stating that the main problem seemed to be the overlapping lines of authority. Senator Terwilliger said that, while he was not on the appropriate committee to do so, he would forward the recommendation to that committee and report back to the Council. Jullie presented Senator Terwilliger with a Certificate of Appreciation from the City for his activities in developing Eden Prairie's crime prevention fund. B. Request from Zero Expansion at Flying Cloud Field Group (Steve Yerkes/Scott Mace) Steve Yerkes, 16575 Hilltop Road, President of the Zero Expansion at Flying Cloud Field Group, requested the Council take a stronger position in opposition to the proposed expansion at Flying Cloud Airport and offered a resolution to that effect for Council consideration. Council directed staff to review the resolution prepared by the Zero Expansion Group and to prepare a resolution in the proper format for consideration at the June 2nd meeting. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. Human Rights & Services Commission - City's Statement of Principles At the May 5th meeting, Councilmembers requested that the Human Rights&Services Commission take part in the preparation of a Statement of Principles with respect to the performance of services and duties by the City. On May 1lth, the Commission met and recommended that the Council endorse the Statement of Principles. Harris commended the Commission for tackling the difficult job of preparing this value statement on behalf of the City. Other Councilmembers concurred that the statement was well-prepared and met the intentions of the Council. MOTION: Harris moved, seconded by Jessen, to endorse the Statement of Principles with respect to performance of City services and duties. Motion carried unanimously. IX.APPOINTMENTS 0 A. Recommendation of two Eden Prairie residents for appointment to the Riley-Purgatory-Bluff Creek Watershed District-A three-year term commencing August 1. 1992, and a current vacancy to July 30, 1993 City Council Minutes 9 May 19, 1992 In order to meet the procedures established by Hennepin County, the Council was required to make recommendations regarding filling the vacancies on this watershed district within certain time frames - immediately for the vacant position, and within 60 days of the beginning the term expiring July 30, 1992. MOTION: Jessen moved, seconded by Pidcock, to recommend the following Eden Prairie residents for the vacant seats on the Riley-Purgatory-Bluff Creek Watershed District: Jim Cullen for the term expiring July 30, 1993, and Perry Forster for the three-year term commencing August 1, 1992. Motion carried unanimously. X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Park Benches at Round Lake Park and the Intersection of CSAH #4 and TH #5 Pidcock said that the seniors in the area had requested that park benches be installed at Round Lake and at the intersection of CSAH#4 and TH #5, near the shopping center on the west side of CSAH #4. Staff was directed to follow up on installing the benches in these two locations. *MOTION: Jessen moved, seconded by Pidcock, to extend the meeting to 11:15 p.m. Motion carried unanimously. B. Report of City Manager 1. Guidelines for Appointing Board/Commission members (Continued from April 7 and April 21, 1992) As requested, Staff had surveyed other cities regarding their procedures for appointments to advisory boards and commissions. Some general guidelines and qualifications were identified for Council review. Jessen said this information should be reviewed again at the time of appointments, and believed a standardized form would be helpful. Other Councilmembers concurred. Staff was directed to prepare a standardized application for use at the time of appointments. 2. Selection of Telecommunications Consultant Three firms were interviewed for provision of independent telecommunications consulting services involved in a new system for new City offices. The firm recommended was Elert and Associates. MOTION: Jessen moved, seconded by Harris, to award the contract for consulting services for telecommunication services to Elert and Associates per its May 8, 1992 proposal. Motion carried unanimously. City Council Minutes 10 May 19, 1992 3. Report on Appeal to US EPA Regarding Fill Along Prairie Center Drive Jullie reported that on the City-owned property, the City would be allowed to proceed with plans to excavate soil out of ponding areas and deposit the materials on another portion of the site. There were two.parts of the process remaining which would require further permitting. The EPA recommended that the City proceed with the permit applications, but cautioned that it still retained the right to levy fines. It was suggested that the City move quickly to show Eden Prairie's good intentions to comply with the regulations. MOTION: Pidcock moved, seconded by Jessen, to retain the services of Linda Fisher to obtain the necessary permits from the US EPA for the Purgatory Creek Recreatin Area project. Motion carried unanimously. Regarding the Welter property, the US EPA requested more maps showing wetland limits, and suggested that any fill deposited after 1989 would be required to be removed and placed on another part of the property. The City was awaiting a final ruling from the EPA on this item. 4. Retaining the Sterling Group for Acquisition Needs in the TIF Project Jullie stated that there was some urgency with respect to purchasing of parcels in the downtown area for improvements included in the TIF projects discussed earlier. He stated that the City may need the assistance of an outside consultant for such purchases and proposed the Sterling Group, based on the City's recent experiences with them. MOTION: Jessen moved, seconded by Harris, that the Council authorize hiring the Sterling Group as a consultant for purposes of acquisition of lands in the downtown area as related to the TIF projects discussed this evening. Motion carried unanimously. C. Report of Director of Parks. Recreation & Natural Resource 1. Award Bid on 2nd Ice Rink at Community Center Bids for the project were opened on May 14th. Based on the bids, it appeared that funds would also be available to construct the improvements to the entry of the building. MOTION: Harris moved, seconded by Jessen, to award the bid for the Community Center Improvements, including the entry modifications, to Shingobee Builders. Motion carried unanimously. D. Report of Director of Planning 1. Bluff Committee Staff reported that there was a vacancy on the Bluff Committee. Mr. Brett Hope had requested that he be considered to fill the vacancy. Also, it had been recommended that one more member be added to provide for an uneven number of members to avoid tie votes. Councilmembers expressed City Council Minutes 11 May 19, 1992 concern at the lack of progress by the Committee. Councilmember Anderson, one of the Committee members, stated he would report the concerns to the Committee. MOTION: Jessen moved, seconded by Harris, to appoint Brett Hope and Richard Feerick to the Bluff Committee. Motion carried unanimously. E. Report of Director of Public Works 1. Award Contract for Dell Road between TH 5 and Twilight Trail, I.C. 52-126 (Resolution No. 92- 103) Bids for this project were opened on May 14th. A tabulation of bids and recommendation for award of contract was reviewed by the Council. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 92-103 to award I.C. 52- 126. Motion carried unanimously. F. Report of City Attorney XI. OTHER BUSINESS OYII.ADTOURIVMENT MOTION TO ADJOURN was made by Jessen, seconded by Pidcock. The meeting was adjourned at 11:35 p.m.