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City Council - 06/02/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, JUNE 2, 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, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:35 P.M. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.2., Boulevard Trees: and Item X.A.3., Framing of the Heritage Quilt. • Jullie added Item X.B.2., Request for Appraisals on Two Parcels for Park Acquisitions. (Item X.C.2. Approaching Businesses for Donations Related to Ice Maintenance was added during the meeting.) MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the meeting of May 19, 1992, as submitted, with the following correction: On page 9, item X.A.1., last line of the last sentence, change the word "to" to "two." Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B: Final Plat Approval of Windfield 2nd Addition (located west of Dell Road and south of TH 5) Resolution No. 92-114 C. Final Plat Approval of Bell Oaks Seventh Addition (located north of Riverview Road, east of Homeward Dills Road) Resolution No. 92-115 • D. Approve Plans and Specifications for Traffic Signals at TH 169/212 and Leona Road/Eden Road Intersection, I.G. 52-233 (Resolution No. 92-116) City Council Minutes 2 June 2, 1992 E. BLUFFS EAST 12TH ADDITION by Hustad Development Corp. 2nd Reading of Ordinance No. 11- 92, Zoning District Change from Rural to R1-13.5 on 12.47 acres, Approval of Developer's Agreemeft for Hustad Development Corp; Adoption of Resolution No. 92-121 Authorizing Summary MW Ordinance No. 11-92 and Ordering Publication of Said Summary. Location: East of Antlers Ridge and Meade Lane, west of Franlo Road. (Ordinance No. 11-92, Zoning District Change; and Resolution No. 92-121 - Authorizing Summary and Publication) F. Approve Right-of-Way Procurement for Dell Road Improvements, I.C. 52-160 (Resolution No. 92-120) G. 1st Reading of Ordinance No. 17-92, amending Chapter 2, "Administration and General Government" H. 1st Reading of Ordinance No. 18-92, amending Chapter 7. "Traffic Regulations" I. 1st Reading of Ordinance No. 19-92, 'amending Chester 10. "Construction Permits and Regulations" J. 1st Reading of Ordinance No. 20-92, amending Chapter 5. "Other Business Regulations and Licensing" K. Award Contract for Demolition of House at 10943 Spoon Ridge Jullie reported that the low bidder for item K. had contacted the City today stating he would not be abim to perform the work. Therefore, Staff recommended the bid be awarded to the second lowest bidde Bollig and Sons. MOTION: Jessen moved, seconded by Pidcock, to approve items A - K on the Consent Calendar. Motion carried unanimously. 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, April 21, 1992, May 5, and May 19, 1992 The property owners involved had not completed their negotiations for the sale of their lands. Staff recommended the hearing be continued to June 16, 1992. MOTION: Pidcock moved, seconded by Harris, to continue this hearing to the June 16, 1992, meeting. Motion carried unanimously. B. Order Improvements for Leona Road, Approve Plans and Specifications and Authorize Advertisement for Bids. I.C. 52-217 (Resolution No. 92-117) Staff reviewed the proposed improvements for roadway and utilities in the Leona Road right-of-way. There were no further comments from members of the audience. • City Council Minutes 3 June 2, 1992 MOTION: Harris moved, seconded by Jessen, to: • 1) Close the Public Hearing; and 2) Adopt Resolution No. 92-117 to Order the Improvements. Motion carried unanimously. C. EDEN CREEK by J.M.S. Development Corporation. Request for Zoning District Change on 6.6 acres from Rural to R1-13.5 and Preliminary Platting on 6.6 acres into 11 single family lots, one outlot and road right-of-way, with variance to be reviewed by the Board of Appeals. Location 6615-6625 Eden Prairie Road. (Ordinance No. 21-92 - Zoning District Change from Rural to R1-13.5; Resolution No. 92-110 - Preliminary Plat) Jeff Schoenwetter, JMS, consultant for the developer, reviewed the development proposal, noting that it was similar to the original proposal of 1988 and that it would supersede the second proposal for Eden Creek by Zachman Development from 1991. Enger reported that the Planning Commission recommended approval of the project on May llth; Lambert reported that the Parks, Recreation & Natural Resources Commission also recommended approval on May 18th. There were no further comments from members of the audience. MOTION: Pidcock moved, seconded by Jessen, to: • 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 21-92 for Rezoning; 3) Adopt Resolution No. 92-110 approving the Preliminary Plat; 4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and, 5) Grant the proponent permission to proceed with construction on the property prior to 2nd reading, at its own risk. Motion carried unanimously. E. EDEN LAKE TOWNHOMES by Eden Lake Townhomes Partnership. Request for Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 8.7 acres, Zoning District Change from Rural to RM-6.5 on 8.7 acres, Site Plan Review on 8.7 acres, and Preliminary Plat of 13 acres into 41 lots and one outlot for construction of 40 townhouse units to be known at Eden Lake Townhomes. Location: South of Medcom Boulevard, east of the Eden Prairie Medical Building. (Resolution No. 92-112 - Comprehensive Guide Plan..Change; Ordinance No. 22-92 - Zoning District Change from Rural to RM-6.5; and Resolution No. 92-111 - Preliminary Plat) • Jack Brandt reviewed the project development plans. Enger reported that the Planning Commission had recommended approval of the proposal on May llth. The Parks, Recreation & Natural Resources Commission recommended approval on May 18th. City Council Minutes 4 June 2, 1992 Pidcock asked about arrangements for public transportation as the developmert wamlh�:so close to Major Center Area. Brandt replied that nothing special had been considerels T wed that fr agreed with Pidcock's concerns and believed that public transportation was imporwwt this ar Upon further discussion, Council directed Staff to review public transportation iuff'%e: Center Area with the Southwest Metro Transit Staff and to report back to the Council. The Council discussed the need for extension of Medcom Boulevard to the east. IUWz sUkd that the extension was one of the projects recommended for construction as part of theTax Emmmmeat Financing projects discussed recently. Staff was directed to prepare a study regarding albrnatfim Ma costs of the easterly extension of Medcom Boulevard. Pidcock asked about parking accommodations for units which would be ociapfedl ley msmm than one individual, or more than one family. Brandt responded that two garage unitswere:xAaffi6k to each of the residential units, in addition to the parking areas on the property. Tom Walters, 12490 Porcupine Court, spoke in favor of the development and'!asRuah tkr.Council to consider relocation of the bike trail. Lambert stated he had agreed to meet; thm ors on the property to discuss the trail location in greater detail. Councilmembers concrrredi thab&e itmail link to the Major Center Area was an important one. John O'Neill, 3501 14th Ave. So., owner of property to the south, expressedconing access for his property and asked the Council to consider providing access from NL-&onm mod. Gray explained that the it was likely that properties to the south along T. H. 169. wxaU Ihraaae the best opportunity for access at a signalized intersection at Fountain Place Drive. Coundl'd1kamd Staff review access for the area in greater detail. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Adopt Resolution No. 92-112 for Comprehensive Guide Plan Chang; 3) Approve 1st Reading of Ordinance No. 22-92 for Rezoning; 4) Adopt Resolution No. 92-111 for Preliminary Plat Approval; and 5) Direct Staff to prepare a Development Agreement incorporating Codmm :and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS Pidcock asked about the status of hiring a purchasing agent for the City. Jullio:ems that this function had been assigned within the existing Finance Department Staff and tat+a,.p requisition process was being developed. He explained how the process currently woriedl • MOTION: Harris moved, seconded by Anderson, to approve the Paymert:of'Claim,an submitted. Motion carried, with Anderson, Harris, Jessen, Pidcock, and Tenpas viting 1%3ie.'" City Council Minutes 5 June 2, 1992 VI. ORDINANCES AND RESOLUTIONS • A. Resolution No. 92-125, Opposing Expansion of Flying Cloud Airport As directed at the May 19, 1992 Council meeting, Staff had prepared a resolution stating the City's opposition to the proposed Master Plan Update at Flying Cloud Airport, as requested by Mr. Steve Yerkes on behalf of the Zero Expansion At Flying Cloud group. Tim Anderson, representing the Metropolitan Airports Commission (MAC), said his understanding was that MAC would have an opportunity to discuss these items with the Council before any action was taken regarding the expansion of Flying Cloud Airport. Anderson expressed concern that trust between MAC and the City not be broken in this regard. Tenpas responded that it had been six months since additional information had been requested by the City, and that the position stated in the resolution was based on information available as of this date. He added that when new information became available, the Council may amend its action. Tenpas emphasized that there was no intention to break a trust, and that it was understood that more information forthcoming. MOTION: Jessen moved, seconded by Anderson, to adopt Resolution No. 92-125, Opposing Expansion of Flying Cloud Airport. Motion carried unanimously. B. STARKEY LABS ADDITION by Starkey Laboratories, Inc. 2nd Reading of Ordinance No. 10-92- • PUD-3-92, Planned Unit Development District Review within the I-2 and I-5 Zoning Districts with waivers on 20 acres, Approval of Developer's Agreement for Starkey Laboratories, Inc.; Adoption of Resolution No. 92-122, Authorizing Summary of Ordinance No. 10-92-PUD-3-92, and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-123, Site Plan Review on 20 acres. Location: Northwest comer of Washington Avenue and Hamilton Road. (Ordinance No. 10-92-PUD-3- 92-PUD District Review within the I-2 and 1-5 Zoning Districts with Waivers; Resolution No. 92- 122 - Authorizing Summary and Publication; and Resolution No. 92-123 - Site Plan Review) There were no comments from members of the audience regarding this item. MOTION: Jessen moved, seconded by Harris, to: 1) Approve 2nd Reading of Ordinance No. 10-92-PUD-3-92 for PUD District Review; 2) Adopt Resolution No. 92-122 Authorizing the Summary of the Ordinance for Publication; 3) Adopt Resolution No. 92-123 for Site Plan Review; and 4) Authorize the Mayor and City Manager to execute the Developer's Agreement. Motion carried unanimously. • C. Final Plat Approval of Starkey Labs (located north of Hamilton Road and west of Washington Avenue) Resolution No. 92-113 MOTION: Jessen moved, seconded by Harris, to adopt Resolution No. 92-113 for Final Plat Approval of Starkey Labs Addition. Motion carried unanimously. City Council Minutes 6 June 2, 1992 D. Ordinance No. 23-92, Rental Housing Code Staff reported that community information meetings had been held with owners/managers and tenane of rental housing units in the City and the proposed ordinance had received general acceptance by both groups. The Human Rights & Services Commission had also recommended approval. Harris commended the Commission and Staff for their work on this ordinance. Pidcock concurred. MOTION: Jessen moved, seconded by Anderson, to approve the lst Reading of Ordinance No. 23-92 regarding Rental Housing. Motion carried unanimously. VII. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request from Strathy's regarding Conservancy Easement Mr. & Mrs. Strathy had contacted Staff and requested a continuance of this item to the June 16th meeting. MOTION: ' Pidcock moved, seconded by Harris, to continue this item to the June 16th meeting. Motion carried unanimously. VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES A. Report from the Employee Communication & Recognition Committee • The Communications and Recognition Committee presented a community recognition awards program for Council consideration. Sandy Wertz, co-chair of the Committee, presented the detailed, five-tier plan and guidelines for the program. Pidcock commended the committee for its work, stating that it addressed previous concerns of consistency in recognizing the many contributions made by the community during the year. She believed it was a good program, which would serve the City well. MOTION: Pidcock moved, seconded by Harris, to adopt the Community Recognition Awards Program as recommended by the Communications and Recognition Committee. Motion carried unanimously. IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. City Manager's Mid-Year Review The Council agreed to discuss the Manager's Mid-Year review in closed session after the meeting. Following is a summary of that session: A Mid-Year Performance Review was conducted with the City Manager. The ten goals listed in the City Manager's memo of May 29th were reviewed and progress to-date was discussed. It was determined that this list of goals was appropriate and no new goals were added at this time. City Council Minutes 7 June 2, 1992 Councilmembers complimented the Manger and Staff for good progress toward several of the goals, • and especially Staff work related to the Park Bond Referendum and the Purgatory Creek Marsh Area filling problem with the U.S. EPA. Council was also pleased with the Manager's outreach to contact businesspersons to help address their needs and also the Manager's involvement in continuing education. Council requested the Manager to formulate a more formalized tracking system and report periodically on projects specifically requested by Council, and other major items that would be of continuing interest and inquiry by Councilmembers. The Manager should also be more direct about reminding Councilmembers concerning the fiscal impacts of the Council's policy decisions. Also, the Council wished to see more "scale" to positive image items for the City and further documentation of City Staff accountability and performance measures. 2. Boulevard Trees Pidcock asked for an updated report on the number of boulevard trees planted in the City this year and about the plans for planting additional trees in Eden Prairie. Dietz stated that he would work with Stu Fox, the City Forester, and report back to the Council in five weeks. 3. Framing of the Heritage Quilt Pidcock asked what progress there had been toward framing of the Heritage Quilt hanging in the Council Chambers. Lambert responded that the Staff member responsible had prepared preliminary • research on framing materials. However, it was determined that it would be best to postpone purchase of materials until it was known exactly where in a new City Hall the quilt would be located. B. Report of City Manager 1. Council/Staff Workshop Scheduled for June 9. 1992 Staff reported that arrangements for a workshop meeting on June 9th. Harris stated she would not be available. Councilmembers concurred that the topics to be discussed, budget and finance issues, would be best handled with everyone present. Staff was directed to reschedule the workshop for another date. 2. Appraisals for Park Acquisition Jullie explained that Council approval was necessary to obtain the necessary appraisals for two parcels needed to for park purposes, one for Cedar Forest Park, the other for Miller Park. MOTION: Jessen moved, seconded by Harris, to authorize Staff to obtain the necessary appraisals for the two parcels for park purposes for Cedar Forest Park and Miller Park. Motion carried unanimously. • City Council Minutes 8 June 2, 1992 C. Report of Director of Parks. Recreation & Natural Resource 1. Smetana Lake Outlet Improvement Engineering Report • John Dixon, Barr Engineering, explained the proposed improverm at;wilhiii, NmmL-Mile Creek Watershed District for the Smetana Lake Outlet. Constructuon was sehedulediw) in 1994, with the City's share of the project estimated at $314,000. The Parks, Recreation & Natural Resources Commission recommended i approv of the item at its May 4th meeting. The Planning Commission recommended apprcvaLaftr=re-,;iivw 2ttits May llth and May 26th meetings. The Council discussed the financing of the project+.w,i&.Mr. Dixon and City Staff, noting that portions of the project may be funded by comer govern r sbA resources. Ed and Marcella Smetana, 7730 Smetana Lane, both spoke agdhst; the,propomd improvement. Frank Smetana, Jr. 7722 Smetana Lane, spoke in favor of a modit'zed'iinprovemmut. Pat Kosteka, 10805 Valley View Road, spoke in favor of the proposal for park fevelbpmem iir,the area. MOTION: Anderson moved, seconded by Harris, to approve the Dngneeri s,report tw the Smetana Lake modification subject to the conditions proposed by the Commhsi6ns andiStafly lion carried unanimously. 2. Approaching Businesses for Donations Related to Ice Mainternnge,Piauipmemt Lambert asked for the opinions of Councilmembers regarding roaclling% liara businesses f donations toward maintenance of the ice rink at the Commurfly, Center. It was the gene* consensus of the Council that Staff could proceed with this apprm-aYi:. D. Report of Director of Planning E. Report of Director of Public Works 1. Award Contract for Dell Road Improvements. I.C. 52-160 (liisolution,Na-�, 92,118) Bids were opened for this project late during the week of May 21Wh, Staff recommended the bids be held for until the June 16th meeting. MOTION: Pidcock moved, seconded by Harris, to continue ths:item to,the;Jinw 16th meeting. Motion carried unanimously. 2. TIF Proiect List Report Council had requested a cash-flow analysis of the new projects ir,the TIF-distrait at this Council meeting. Staff requested a continuance to the June 16th meeting. MOTION: Pidcock moved, seconded by Jessen, to continue thk itemm to)the,Jaw 116th meeting. Motion carried unanimously. • City Council Minutes 9 June 2, 1992 3. I-494 DEIS. I.C. 52-100 (Resolution No. 92-119) • Staff had reviewed the Draft Environmental Impact Statement(DEIS) for the improvements of 1-494 from I-394 to the Minnesota River. Of significance, the proposed access between County Road 18 and Flying Cloud Drive appeared to result in dramatic improvements for access to the Major Center Area. Staff recommended the"two-lane" alternatives for Council consideration, with the inside lane as an HOV lane. MOTION: Pidcock moved, seconded by Jessen, to adopt Resolution No. 92-119 formalizing the City's comments to the 1-494 Draft Environmental Impact Statement. Motion carried unanimously. 4. Award Contract for Traffic Signals for Singletree & Prairie Center Drive, I.C. 52-245 (Resolution No. 92-124) Bids were opened late in the week of May-25th for traffic signals to be installed at Singletree Lane and Prairie Center Drive. Staff presented the tabulation of bids and recommended the bid be awarded to Collins Electrical Systems, Inc. MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92-124 to Award I.C. 52- 245. Motion carried unanimously. F. Report of City Attorney • G. Report of Finance Director XI: OTHER BUSINESS XII: ADJOURNMENT MOTION TO ADJOURN was made by Pidcock, seconded by Anderson. The Council adjourned to a Closed Session at 9:35 p.m. to discuss the City Manager's mid-year review. •