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City Council - 07/07/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, JULY 7, 1992 IMMEDIATELY FOLLOWING HRA MEETING CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILN 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 7:40 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • Jessen added Item X.A.L. Park and Trail Maintenance . Lambert asked that Item M.F. be moved to Item X.C.2 MOTION: Anderson moved, seconded by Harris, to approve the agenda as amended. Motion carried unanimously. H. MINUTES A. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING HELD TUESDAY, TUNE 16, 1992 MOTION: Hams moved, seconded by Pidcock, to approve the minutes of the Joint City Council/Planning Commission meeting held Tuesday, June 16, 1992, as submitted. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, TUNE 16, 1992 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the City Council meeting held Tuesday, June 16, 1992 as submitted. Motion carried unanimously. M. CONSENT CALENDAR A. Clerk's License List City Council Minutes 2 July 7, 1992 B. 2nd Reading of Ordinance Requiring Solid Waste Collection and Volume-Based Pricir (Ordinance No. 25-92) • C. Approving Sale of Lease Revenue Bonds by the HRA and Approving the Lease between the City_ and the HRA for the Community Center Improvements (Resolution No. 92-160) D. G.E. CAPITAL PROPOSED RECREATION FACILITY by G.E. Capital Fleet Services, Inc. 2nd Reading of Ordinance No. 14-92, Zoning District Amendment within the Office Zoning District on 19.2 acres; Approval of Developer's Agreement for G.E. Capital Proposed Recreational Facility; Adoption of Resolution No. 92-146, Authorizing Summary of Ordinance No. 14-92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-147, Approving Site Plan for G.E. Capital Proposed Recreational Facility. Location: North Edge of North Lake Anderson Lakes (Ordinance No. 14-92, Amending the Office Zoning District; Resolution No. 92-146, Authorizing Summary and Publication; and Resolution No. 92-147,Site Plan Review.) E. Approve Plans and Specifications for Regional Center Road Improvements, I.C. 52-257 (Resolution No. 92-151) F. Request from Tom Myers regarding Prairie View Park (Moved to Item X.C.2) G. Approve Change Order and Alternatives to Community Center Addition Project H. Request for Appraisal of Riley Creek Valley Outlot on Dorenkemper property • I. Authorizing the Treasurer or Deputy Treasurer to make Electronic Fund Transfers for City f Eden Prairie (Resolution No. 92-139) J. Receive April 1992 Budget Status Report K. 1st of Ordinance No. 26-92, Revising the City Code of the City of Eden Prairie, Minnesota and Adopting The City Code of the City of Eden Prairie, Minnesota (Revised July, 1992) Pursuant to Authority Granted in Minnesota Statutes, Sections 415.02 and 415.021; and, Providing Penalties for the Violation Thereof (Ordinance No. 26-92, Revision of City Code, July 1992) L. Recording Conformance with Developers Agreement for Hipp's Mitchell Heights Fourth Addition (Resolution No. 92-145) M. Award Contract for Creek Knolls Cul-de-sac, Bluffs East 12th Addition, and Valley View Sidewalk, I.C. 52-194, I.C. 52-256, and I.C. 52-242 (Resolution No. 92-155) N. 100% Petition for Special Assessment of Sewer Connection Fees, I.C. 52-264 (Resolution No. 92- 156) O. Approve Plans for CSAH 18 Stage 2B Construction (north portion of Bloomington Ferry Bridge), I.C. 52-175 (Resolution No. 92-157) • City Council Minutes 3 July 7, 1992 • P. Final Plat Approval of Eden Creek (located east of County Road 4, adjacent to Mere Drive) (Resolution No. 92-158) MOTION: Harris moved, seconded by Pidcock, to approve items A - E and G - P on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS A. TWIN CITY FEDERAL by Twin City Federal. Zoning District Amendment in the C-Reg-District on 1.06 acres and Site Plan Review on 1.06 acres. Location: Highway 169, north of McDonald's. (Ordinance No. 27-92 - Zoning District Amendment) Larry Rose, project manager for the development, explained the development proposal. Enger reported that the Planning Commission unanimously recommended approval of this project at its meeting on June 8, 1992. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 27-92 for Zoning District Amendment; and 3) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff • recommendations. Motion carried unanimously. B. BORUCKI ADDITION by Jim and Pauline Borucki. Request for Preliminary Plat of 0.62 acres into 2 single family lots within the R1-13.5 Zoning District. Location: 6517 Rowland Road. (Resolution No. 92-150 - Preliminary Plat) A previous denial of this proposal by the City Council was based on a finding that the subdivision was premature due to the status of Rowland Road. The road had since been upgraded. Mr. and Mrs. Borucki compared their proposed lots to the existing lots in the Carmel Addition and adjacent subdivisions, noting that their proposal met all the density and zoning requirements of the City. They also responded to concerns raised by neighbors at the Planning Commission meeting about traffic and safety. Enger reported that the Planning Commission considered this request at its meeting on June 22, 1992, and recommended denial on a vote of 4 - 3. Nancy Dow, 11789 Dunhill Road, Dave Bell, 11841 Dunhill Road, and Ed Seiber, 11792 Dunhill Road, spoke against the plat expressing concerns about loss of privacy, traffic, and safety on Rowland Road due to the addition of one more lot. Bell said he was also representing the Carrolls, who had • submitted a letter against the plat proposal for privacy and safety reasons. City Council Minutes 4 iTmIly 7, 1992 Jessen asked about the reason for previous Council denial of the proposal. Tenpas-stag it was fa denie� pending the final alignment design for Rowland Road. Pidcock concurred t this w%, aay reaso for denial at that time. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No;, 92;-1,-M—t wing the Preliminary Plat request for the Borucki Addition subject to the recommerdtitibnf otTffi=Sk ff Report regarding a landscape plan with berming. Motion carried-unanimously. C. RIVERVIEW HEIGHTS by Hustad Homes and Robert and James Brown., RequestLfor-Mu med Unit Development Concept Review on 65 acres; Planned Unit Development Mtdct Revii ,wA&waivers on 65 acres; Zoning District Change from R1-22 to R1-13.5 on 5.7 acres; 1onin&Disft-fi tiAmendment within the R1-22 District on 5.0 acres; Zoning District Change from Rl-M,to,X1:144-w 15-7 acres; Preliminary Plat of 65 acres into 34 single family lots, 3 outlots and road ri&t-of;-xY&y W be known as Riverview Heights. Location: South of Riverview--Road, east -.YF Riverview, Dt&e Fast. (Resolution No. 92-152-PUD Concept;Ordinance No. 3-92-PUD-1-92-PUD'DLkt*tlteview and Zoning District Change from R1-22 to R1-13.5, Zoning District Amenknemt oi�: mules within R1-22 District and Zoning District Change from R1-22 to R1-44 on 15.7'acre55;and 3esolution No. 92-153 - Preliminary Plat) The proponents for this development proposal requested withdrawal of theapplicatibn,fcwtb&project; therefore, no further Council action was necessary. MOTION: Jessen moved, seconded by Pidcock, to close the public hea ng, and,table:c mAderad of the item indefinitely. Motion carried unanimously. D. VACATION 92-05-Vacation of Street Right-of-Way and Drainage anI',LJ'WP!b;Tu+,%ir e:in part of Windfield Addition (Resolution No. 92-159) This request resulted from a slight relocation of the right-of-way for Mehsa Circle im t�Windfield Addition and was basically a housekeeping issue. There were no commiM from,the zwdEci nce. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the Public Hearing; and 2) Adopt Resolution No. 92-159 for vacation of street right-of-way and drinage,and ufflity, cmements in part of Windfield Addition. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims m.Wesen:ed. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock,;and,T#jnp as:va ag "aye." • City Council Minutes 5 July 7, 1992 VI. ORDINANCES AND RESOLUTIONS • A. 2nd Reading of Ordinance No. 26-92, Revising_the City Code of the City of Eden Prairie, Minnesota and Adopting The City Code of the City of Eden Prairie, Minnesota (Revised July. 1992) Pursuant to Authority Granted in Minnesota Statutes, Sections 415.02 and 415.21; and Providing Penalties for the Violation Thereof MOTION: Harris moved, seconded by Pidcock, to approve second reading of Ordinance No. 26-92, adopting the City Code, Revised July, 1992. Motion carried unanimously. VHYETITIONS, REQUESTS AND COMMUNICATIONS A. Request by Mark & Joey Omlie for Review of Variance 92-13 not approved by the Board of Adjustments & Appeals. The variance request was to allow a deck to be constructed 85 feet from Bryant Lake's Ordinary High Water Level Mr. and Mrs. Omlie cited several reasons for appealing the decision of the Board, including the that the Minnesota DNR had no objections to the deck construction and the adjacent neighbors were in favor of the deck variance. The Board's motion for approval failed on a vote of 2 - 2 - 1, resulting in denial of the request. Mr. Omhe explained that the deck would encroach ten feet into the Shoreland setback to the exact location of the previous deck on the property, which was removed when the home was rebuilt. Anderson asked if the deck would ever be rebuilt as a three-season porch. Mr. Omhe responded that . this would not be necessary as their new home had been constructed with a three-season porch. MOTION: Pidcock moved, seconded by Harris, to approve the request of Mark and Joey Omlie for Variance No. 92-13 to allow a deck to be constructed 85 ft. from the Ordinary High Water Level of Bryant Lake. Motion carried unanimously. B. Discussion on Water Tower Design Dietz reported on progress in planning for the proposed water tower in the Major Center Area. Various designs for the watertower were presented by Mr. Milo Thompson, including a variety of enhancements to the exterior treatment to take advantage of the visibility of the tower. It was suggested that the enhancements could be financed by incorporating communications equipment into the design for use by businesses needing antenna space. Councilmembers discussed many private opportunities for funding the exterior enhancements proposed for the tower and concurred that it would be worth the effort to pursue the potential for communications equipment on top of the tower. They also concurred that an observation deck was not a priority consideration. C. Discussion with Mr. Bill Weir, member of the Hennepin County Park Board representing District 3 which includes Eden Prairie. regarding Hennepin Parks Funding Priorities • Mr. Weir, the City's new representative on the Hennepin County Park Board, was present and discussed proposed funding for Bryant Lake Regional Park and Regional Trail System plans with the City Council Minutes 6 July 7, 1992 Council. Councilmembers considered potential funding opportunities available for the construction of the park and trail connections through Eden Prairie. • Council directed that Staff begin researching funding alternatives as soon as possible, given the predicted shortfalls coming in the next legislative session. VM.REPORTS OF ADVISORY BOARDS. COMMISSIONS & COXIAMTEES A. Flying Cloud Airport Advisory Commission - Status of Flying Cloud Airport Mr. Jay Olson, past chair of the Flying Cloud Airport Advisory Commission, stated that tdt Commission was frustrated by the recent action of the Council against expansion of the airport and flu& the Commission was looking for better communication and understanding of the n2eeds of pilots and business owners at the airport. Jessen raised the issue of noise abatement, stating that he did not believe the plan was being enforced based on complaints he had received from citizens. Bill Turkula responded that change could be affected during the future scoping process at the public hearing handled at a federal level. The Council requested the Commission to work with the pilots on implementation of the noise abatement plan as a good faith effort toward better relations with the City. IX. APPOINTMENTS X. REPORTS OF OFFICERS • A. Reports of Councilmembers 1. Park and Trail Maintenance Jessen said there were some dangerous safety conditions on the City's trails, noting the tunnel under Anderson Lakes Parkway to Eden Lake, low hanging branches on the bike trail, and the conditions at the south end of Staring Lake Park. Anderson added that the bridge over Purgatory Creek at Valley View Road had also been damaged by the recent flooding. Staff was directed to correct the safety problems. B. Report of City Manager 1. Presentation of 1991 Audit Report John Brand, Fox, McCue and Company, reviewed the highlights of the City's 1991 Audit Report. Councilmembers agreed to raise the minimum amount for purchases requiring quotes from$200.00 to $400.00 at the recommendation of the auditor. Brand commended City Finance Staff on improved procedures and practices implemented since the 1990 Audit Report. 2. Reschedule July 21, 1992 City Council Meeting By consensus, Councilmembers cancelled the regular July 21, 1992, due to vacation schedules. City Council Minutes 7 July 7, 1992 • 3. Update/Action regarding Purchase of CPT Building Jullie presented an update regarding negotiations with C.H. Robinson Company with respect to the purchase of the CPT building. MOTION: Pidcock moved, seconded by Harris, to extend the meeting to 11:30 p.m. Motion carried unanimously. 4. Update/Action regarding Land Banking Program Jullie reported that contracts have been submitted to the owners of property under consideration for inclusion in the land banking program. At this time, EPA had concurred with the terms of the offering and a counter offer had been returned to the City on the Teman parcel. MOTION: Pidcock moved, seconded by Harris, to: 1) Extend the offer on the Teman parcel to 5:00 p.m. Monday; • 2) Direct Staff to work with the Sterling Group to evaluate the terms of the Teman counter offer; and, 3) Schedule a Special Meeting of the City Council for Monday, July 13, 1992, after 5:00 p.m. to discuss this issue and any other business. Motion carried unanimously. 5. Acquisition Services Agreement with Sterling Group, Inc. MOTION: Jessen moved, seconded by Anderson, to approve the services agreement presented by the Sterling Group related to land banking in the Major Center Area. Motion carried unanimously. C. Report of Director of Parks, Recreation & Natural Resource 1. Review of Preliminary Grading Plan for Miller Park Lambert explained that it had become apparent during final design that changes were required in the grading plans for Miller Park. The Parks, Recreation & Natural Resources Commission recommended approval of the amended grading plans. • MOTION: Jessen moved, seconded by Harris, to authorize Staff to make the necessary changes to the grading plans for Miller Park as recommended by the Parks, Recreation, and Natural Resources Commission. Motion carried unanimously. City Council Minutes 8 July 7, 1992 2. Request from Tom Myers regarding Prairie View Park Lambert reported that the Tom Myers, Principal of Prairie View Elementary School, had requestei* the use of the hockey rink area in the City's Prairie View Park for staging purposes during the construction of the school addition and further requested the relocation of the rink as it did not want it located immediately adjacent to the addition once it was completed. Relocation of the rink meant the warming house/park shelter and skating rink would also have to be relocated. Lambert stated that the Hockey Association was disappointed at the loss of the facility considering there was already a shortage of rinks and asked that the Council formally request the School District to replace the facility within one year at Prairie View Park or at another park in the same quadrant of the City. MOTION: Anderson moved, seconded by Pidcock, that Staff notify the School District of the concerns raised as a result of losing the hockey rink, and the School District be requested to replace the facility within one year at Prairie View Park or at another park in the same quadrant of the City. Motion carried unanimously. D. Report of Director of Planning E. Report of Director of Public Works 1. Award Contract for Leona Road Street and Watermain Improvements, I.C. 52-217 (Resolution No. 92-154) • MOTION: Lessen moved, seconded by Harris, to adopt Resolution No. 92-154 for the Leona Road Project, I.C. 52-217. Motion carried unanimously. 2. TIF Cash Flow & Schedule (Continued from June 16, 1992) The Council directed that this item be continued to another meeting to allow a full discussion of the various items. 3. Tree Planting in the Right-of-Way Dietz presented a written report on this issue in response to previous request by the Council. F. Report of City Attorney G. Report of Finance Director XI. OTHER BUSINESS XH. ADJOURNMENT MOTION TO ADJOURN was made by Pidcock, seconded by Jessen. The meeting adjourned 12:35 a.m.