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City Council - 06/16/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, JUNE 169 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson,Jean Hams, 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. SALE OF $1,100,000 GENERAL OBLIGATION PARK BONDS (Resolution No. 92-142), AND $1,940,000 GENERAL OBLIGATION STATE-AID BONDS (Resolution No. 92-143) Wave MacGillivray of Springsted, Inc., presented the tabulation of bids for the sale of two issues of bonds. MOTION: Jessen moved, seconded by Pidcock, to: 1) Adopt Resolution No. 92-142 for$1,100,000 General Obligation Park Bonds, Series 1992A, to Cronin and Company, Inc.; and 2) Adopt Resolution No. 92-143 for$1,940,000 General Obligation State-Aid Road Bonds, Series 1992B, to Cronin and Company, Inc. Motion carried unanimously. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.2., Heritage Road and Item X.A.3., Certainteed Corporation. Harris added Item X.A.4., League of Minnesota Cities Board Appointment. Anderson added Item X.A.5., Establishment of Trail Along Future Light Rail Corridor. Jullie added Item VII.D. Set Date to Hear an Appeal from the Decision of the Board of Appeals and Adjustments for Mr. and Mrs. Omlie. MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as amended. Motion carried unanimously. H. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY. DUNE 2, 1992 • MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the June 2, 1992 meeting as submitted. Motion carried unanimously. City Council Minutes 2 June 16, 1992, III. CONSENT CALENDAR • A. Clerk's License List B. 2nd Reading of Ordinance No. 17-92, amending Chapter 2. "Administration and General Government". and Adoption of Resolution No. 92-131, authorizing Summary for Publication C. 2nd Reading of Ordinance No. 18-92, amending Chapter 7, "Traffic Regulations", and Adoption of Resolution No. 92-132, authorizing Summary for Publication. D. 2nd Reading of Ordinance No. 19-92, amending Chapter 10, "Construction Permits and Regulations". and Adoption of Resolution No. 92-133, authorizing Summary for Publication E. 2nd Reading of Ordinance No. 20-92, amending Chapter 5. "Other Business Regulations and Licensing. and Adoption of Resolution No. 92-134, authorizing Summary for Publication F. 2nd Reading of Ordinance No. 23-92, Rental Housing Code, and Adoption of Resolution No. 92- 135, authorizing Summary for Publication G. EDEN PRAIRIE FORD PARKING EXPANSION by Denwal Management. 2nd Reading of Ordinance No. 15-92, Rezoning from Rural to C-Reg-Ser on 1.5 acres, Approval of Developer's Agreement for Eden Prairie Ford Parking Expansion; Adoption of Resolution No. 92-129, Authorizing Summary of Ordinance No. 15-92 and Ordering Publication of Said Summary; and Adoption Ah Resolution No. 92-128, Approving Site Plan for Eden Prairie Ford Parking Expansion. Locatio . North of Plaza Drive, east of Prairie View Center (Ordinance No. 15-92 - Rezoning to C-Reg-Ser; Resolution No. 92-129 - Authorizing Summary and Publication; and Resolution No. 92-128 - Site Plan Review.) H. EDEN CREEK by J.M.S. Development Corporation. 2nd Reading of Ordinance No. 21-92,Rezoning from Rural to R1-13.5 on 6.6 acres; Approval of Developer's Agreement for Eden Creek; Adoption of Resolution No. 92-130, Authorizing Summary of Ordinance No. 21-92 and Ordering Publication of Said Summary. Location: 6615-6625 Eden Prairie Road. (Ordinance No. 21-92 -Rezoning to R1-13.5; and Resolution No. 92-130 - Authorizing Summary and Publication.) I. ADOPTION OF 1991 FINAL BUDGET (Resolution No. 92-141) J. 1st Reading of Ordinance Requiring Solid Waste Collection and Volume-Based Pricing (Ordinance No. 25-92) K. Approval of Agreement for the Quail Ridge Apartment Project L. Authorize Feasibility Study of Indian Road Bridge Replacement. I.C. 52-263 (Resolution No. 92- 137) M. Final Plat Approval of Shores of Mitchell Lake (located south • of TH 5 and west of Shoreline of Mitchell Lake) Resolution No. 92-138 City Council Minutes 3 June 16, 1992 • N. Award Contract for Dell Road Improvements, I.C. 52-160 (Resolution No. 92-118) Continued from June 2, 1992 O. Endorsement of Deer Control Fencing-at Flving-Cloud Airport P. CSAH 4 Trail Budget Amendment Q. Resolution No. 92-144 Authorizing the Combination of Certain Funds and a$2,000,000 "Bridge Loan" MOTION: Harris moved, seconded by Pidcock, to approve items A - Q 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, May 19, 1992, and June 2, 1992 Dietz explained that ownership issues had been settled, and that Centex Homes would be developing a portion of the land over the next several months. Centex agreed with the need for the project and the proposed phasing over the next two years. There were no comments from members of the • audience. MOTION: Anderson moved, seconded by Harris, to: 1) Close the public hearing; and, 2) Adopt Resolution No. 92-56 to Order I.C. 52-189 for Improvements on Braxton Drive with staff recommendations for two phases. Motion carried unanimously. B. DORENKEMPER ESTATES by Alex Dorenkemper. Request for Preliminary Plat of 46 acres into 4 lots, PUD Concept on 46 acres and PUD District Review on 46 acres with waivers for lot size. Location 18925 Pioneer Trail. (Resolution No.92-127-PUD Concept;Ordinance No.24-92-PUD-4- 92 - PUD District Review; and Resolution No. 92-126 -Preliminary Plat) Alex Dorenkemper introduced the development and stated he agreed with all recommendations of the staff. Enger reported that the Planning Commission discussed this item at two meetings and recommended approval at its May 26th meeting; Lambert reported that the Parks, Recreation and Natural Resources Commission recommended approval at its June 15th meeting. There were no comments from the audience. • MOTION: Harris moved, seconded by Pidcock, to: 1) Close the public hearing; City Council Minutes 4 June 16, 1992 2) Adopt Resolution No. 92-127 to approve the PUD Concept; • 3) Approve 1st Reading of Ordinance No. 24-92-PUD-4-92 for PUD District Review; 4) Adopt Resolution No. 92-126 to approve the Preliminary Plat; and 5) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. VACATION 92-04 - Drainage and Utility Easement on Lot 6 and 7. Block 1. Welter Purgatory Acres 6th Addition (Resolution No. 92-140) Due to a proposed new lot line, vacation of an existing utility and drainage easement was requested, with new easements io be dedicated along the new lot line. There were no comments from the audience. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the public hearing; and 2) Adopt Resolution No. 92-140 to vacate the drainage and utility easements. • Motion carried unanimously. V.PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented. Anderson, Harris, Jessen, Pidcock, and Tenpas voted "Aye." VLORDINANCES AND RESOLUTIONS VII.PETITIONS. REQUESTS AND COMMUNICATIONS A. Request from Strathy s regarding Conservancy Easement (Continued from June 2, 1992) Mr. &Mrs. Strathy of 11787 Welter's Way requested Council approval to encroach within the scenic easement in their backyard, located adjacent to Purgatory Creek. Lambert reported that, at its meeting June 1st, the Parks, Recreation and Natural Resources Commission recommended approval of the relocation of the retaining wall, allowing some encroachment into the scenic easement. However, the Commission further recommended that the no change be allowed to the woodlands or understory areas within the scenic easement. Councilmembers raised questions regarding how many trees and how much understory growth we� proposed for removal, where new plantings would be located, how high the retaining wall would be, what materials would be used to construct the retaining wall, and whether alternative solutions had been considered. City Council Minutes 5 June 16, 1992, • Joni and Kevin Strathy responded that the encroachment would be approximately twelve feet into the easement, causing removal of seven or eight trees and understory vegetation. The Strathys were willing to replace all of the trees and the understory growth in accordance with Staff recommendations. If their proposal were approved, the plantings would be installed in the same location, but three feet lower in elevation. Their preference would be to use the natural grade instead of a retaining wall; however, if necessary, a two-to-three foot boulder retaining wall was proposed. Other alternatives had been considered, but appeared to have more severe impact on the easement area. For example, if sod was removed in the back yard and the lot was raised, it would cause the construction of a seven-to- eight foot high retaining wall. Anderson said the City had planned this conservancy area carefully with the intent of providing a natural area along both sides of the creek. Those who purchased homes along the creek should have done so with knowledge of the easement conditions and City requirements regarding its use and restrictions. Mr. and Mrs. Strathy admitted to knowledge of the easement and conditions at the time of purchase. Anderson was concerned that allowing this encroachment would start a dangerous precedent that would compromise the integrity of the conservancy area. After further discussion of their request, and agreement by Mr. and Mrs. Strathy to replace trees and understory vegetation with native plant materials in accordance with the recommmendations of the City Forester, the majority of the Council agreed that the intent of the easement conditions could be met. MOTION: Jessen moved, seconded by Pidcock, to approve the request of Mr. and Mrs. Strathy, • subject to the following conditions: 1) All trees and understory vegetation removed by the change in grade shall be replaced; and 2) Plant materials chosen for replacement and the manner of installation of such plant materials shall be as approved by the City Forester. Motion carried on a vote of 4 - 1 - 0 (Anderson voted against). B. Request for Use of Motorized Vehicles on Transportation Trails In response to the request of a resident, the Parks, Recreation and Natural Resources Commission considered the possibility of motorized vehicle use on transportation trails in the City. The resident had made the request on behalf of his daughter, who is paralyzed. Lambert reported that, at its June lst meeting, the Commission recommended that all-terrain vehicles (ATVs) not be allowed on transportation trails. Instead, certain revisions should be made to the City Code to apply to this situation. Councilmembers expressed concern for the potential endangerment of other trail users in the event ATVs were allowed on the trails. They,also considered ways in which the resident's request could be accommodated. A maximum speed limit of 15 mph was discussed. It was suggested that a certificate be issued from the City to allow ATV use under a special and specific set of circumstances. • Councilmembers agreed that random use of ATVs on the transportation trails was not desirable. City Council Minutes 6 June 16, 1992, MOTION: Jessen moved, seconded by Harris, to: • 1) Deny the request to use all-terrain vehicles on the City's transportation trails; and, 2) Staff be directed to prepare revisions to the portion of the City Code related to this issue as recommended by the Parks, Recreation and Natural Resources Commission, with the inclusion of a process for issuance of a certificate for specific purposes. Motion carried unanimously. C. Sue Nathan, Minnegasco, Announcing Community Energy Services Program. Sue Nathan introduced Minnegasco programs now available in the City. The programs were designed to help people reduce their energy bills, whether homeowners or renters. Assistance was available through a variety of services, including inventory of current systems, review of contractors' bids and work, education on how to reduce daily energy usage, etc. Ms. Nathan stated that the programs were currently operating successfully in 18 other communities. The Council supported the service and thanked Ms. Nathan for introducing the program in Eden Prairie. D. Set Date to Hear an Appeal from the Decision of the Board of Appeals and Adjustments for Mr. and Mrs. Omlie MOTION: Pidcock moved, seconded by Anderson, to set July 7th to hear an appeal from the decisi of the Board of Appeals and Adjustments from Mr. and Mrs. Omlie. Motion carried unanimouslo VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES A. Report from Technology Committee Gary Therkelson, Co-Chair of the Quality Management Technology Committee,presented the findings and recommendations of the Committee for Council consideration. The report focused on ten basic recommendations, the most important of which was the creation of a support staff position dedicated to assisting departments with data processing needs. Councilmembers commended the Technology Committee, stating that the report was a well-prepared and important piece of work on behalf of the City and that they were firmly in support of the recommendations outlined. It was noted that this type of effort was evidence of the positive impact of Jullie's work with Total Quality Management in the City. The Council endorsed the findings and recommendations of the report and directed the staff to continue to progress with further study as outlined in the report. IX.APPOINTMENTS City Council Minutes 7 June 16, 1992 •X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. City Manager's Mid-Year Review MOTION: Harris moved, seconded by Jessen, to accept the memorandum regarding the City Manager's Mid-Year Review as a summary of the closed meeting discussion held June 2, 1992. Motion carried unanimously. 2. Heritage Road Update Pidcock said she had been contacted by residents from that area who wanted an understanding of what was happening on the project from the Minnesota Highway Department. Jullie reported that he was in the process of gathering information at this time and would be corresponding with the residents shortly. 3. Certainteed Meeting with Minnesota Pollution Control Agency Pidcock reported there was a hearing scheduled by the Minnesota Pollution Control Agency (MPCA) for Tuesday, June 23rd, to consider the odor complaints against Certainteed and suggested that the City make its feelings known at this meeting. After discussion, Council directed Staff to • prepare a letter regarding the City's experiences and concerns about the issue and to send a staff member to the meeting. Enger stated that the Planning Department had notified those people who had registered complaints with the City about the meeting. 4. Appointment to Board of Directors of the League of Minnesota Cities Harris announced that Pidcock had accepted appointment to a three-year term as a Director on the Board of the League of Minnesota Cities. The appointment would allow for greater representation of Eden Prairie in League lobbying efforts and policy positions. 5. Trail Construction within Hennepin County Light Rail Transit Corridor Anderson expressed frustration at the lack of action on commitments by Suburban Hennepin Regional Parks District to construct a trail within the Light Rail Transit Corridor. Councilmembers concurred that it was disappointing that the decision had been delayed on more than one occasion and that no decisive answers could be given to residents. Anderson agreed to work with Staff to make Hennepin County more aware of the priority for construction of the trail. B. Report of City Manager • C. Report of Director of Parks. Recreation & Natural Resources D. Report of Director of Planning City Council Minutes 8 June 16, 1992, E. Report of Director of Public Works • 1. TIF Project List Report (Continued from June 2, 1992) Dietz asked that this item be continued to July 7th in order to include information from the consultant preparing a land banking analysis in the Downtown area. Councilmembers concurred this would be important information to their decisions and continued the item to July 7th. 2. Award Contract for Traffic Signals at TH 169/212 and Leona Road/Eden Road, I.C. 52-22 (Resolution No. 92-136) Bids for this project were opened during the week of June 8th. Based on the tabulation of bids, Staff recommended award of the bid to Ridgedale Electric, Inc. MOTION: Jessen moved, seconded by Harris, to adopt Resolution No. 92-136 to Award the Contract to Ridgedale Electric for I.C. 52-223. Motion carried unanimously. F. Report of City Attorna G. Report of Finance Director XI.OTHER BUSINESS XH ADJOURNMENT • MOTION TO ADJOURN: Harris moved, seconded by Anderson to adjourn the meeting. The meeting adjourned at 9:15 p.m.