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City Council - 08/04/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL *TUESDAY, AUGUST 4, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Douglas Tenpas,Richard Anderson,Jean Harris,H.Martin Jessen, and Patricia Pidcock CITY COUNCEL 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 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.1.,Stop Sign Inside the Heritage Road Neighborhood;and Item X.A.2.Uncut Grass/Weeds Along County Road #1. Anderson added Item X.A.3. Council Compensation. Jullie • added Item X.B.4., Purchasing Procedures for Items Less than $25,000 and Item X.B.5., Setting Dates for Upcoming Council Workshops. MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as amended. Motion carried unanimously. H. MINUTES A. Joint City Council/Human Rights & Services Commission Meeting held Tuesday, July_7, 1992 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the Joint City Council/Human Rights & Service Commission meeting of Tuesday, July 7, 1992, as submitted. Motion carried unanimously. B. City Council Meeting held Tuesday, July 7, 1992 MOTION: Jessen,moved, seconded by Pidcock, to approve the minutes of the City Council meeting of Tuesday, July 7, 1992, with the following corrections: Page 6, Item VII. B., at the beginning of the second paragraph, add "Councilmembers discussed many private opportunities available for funding the exterior enhancements proposed for the tower and . ."; and, Page 5, correct the spelling of the name Turkula. Motion carried unanimously. • C. Special City Council Meeting held Monday, July 13, 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the Special City Council meeting of Monday, July 13, 1992, as submitted. Motion carried unanimously. City Council Minutes 2 August 4, 1992 III. CONSENT CALENDAR • A. Clerk's License List B. Approve Plans and Specifications for Braxton Drive Improvements, Phase I, I.C. 52-189; Riverview Road Trunk Watermain Improvements, I.C. 52-255; and Topview Lift Station Immprovements, I.C. 52-262 (Resolution No. 92-149) C. Authorize Feasibility Study of 1992 Drainage Improvements, I.C.52-269 (Resolution No.92-153) D. Approve Change Order No. 3 for Cedar Ridge Estates 2nd Addition, I.C. 52-225 E. Recommendation to Purchase Ice Resurfacer F. Resolution Restricting Parking Near Entry to Staring Lake Park (Resolution No. 92-173) G. TWIN CITY FEDERAL by Twin City Federal. 2nd Reading of Ordinance No. 27-92, Zoning District Amendment within the C-Reg-District on 1.06 acres, Approval of Developer's Agreement for Twin City Federal; Adoption of Resolution No. 92-164, Authorizing Summary of Ordinance No. 27- 92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-165, Approving Site Plan for Twin City Federal. Location: Highway 169, north of McDonalds. (Ordinance No. 27- 92 - Zoning District Amendment within the C-Reg-District; Resolution No. 92-164- Authorizing Summary and Publication; and Resolution No. 92-165 - Site Plan Review) 0 H. Approval of Lease for Liquor Store No. 1 (Prairie Village Mall) (Continued to September 1, 1992) I. Approval of Change Order No. 2 for the Eden Prairie Community Center J. DORENKEMPER ESTATES by Alex Dorenkemper. 2nd Reading of Ordinance No. 24-92-PUD-4- 92 Zoning District Amendment within the Rural District on 46 acres, Approval of Developer's Agreement for Dorenkemper Estates; Adoption of Resolution No. 92-163, Authorizing Summary of Ordinance No. 24-92-PUD-4-92 and Ordering Publication of Said Summary, Location: 18925 Pioneer Trail (Ordinance No. 24-92-PUD-4-92 Zoning District Amendment within the Rural Zoning District; Resolution No. 92-163, Authorizing Summary and Publication) Regarding Item C., Pidcock reported she had received calls from residents of Village Greens whose homes had flooded and who questioned the liability of the City for such flooding if, in fact, the City had approved the grading and drainage for the property. Pauly said there may be instances of be municipal liability,,but it was difficult to give general response for a specific situation. Gray said that the holding ponds did not function properly in this instance and that it was determined that the ponds actually held less storage than originally approved by the City. Gray stated that the reason for this appeared to be that the development was not graded in accordance with original design. At this time, the City staff was investigating solutions to the problem, and believed it should be corrected. is Regarding Item E., Jessen asked if a final determination had been made as to the need for a second ice resurfacer. Lambert responded that Staff research found that the second resurfacer was necessary City Council Minutes 3 August 4, 1992 . based on discussions with other facility operators with two sheets of ice. Tenpas asked about progress in selling advertising on the sides of the resurfacer. Lambert stated that there was no progress to report at this time. Regarding Item F., Councilmembers concurred that during special events, there should be assistance available to help direct people to overflow parking areas. MOTION: Anderson moved, seconded by Pidcock, to approve items A - G and I J on the consent Calendar. Motion carried unanimously. IV.PUBLIC HEARINGS A. WALGREENS by Walgreens. Request for Comprehensive Guide Plan Change from Medium Density Residential to Community Commercial on .50 acres. Zoning District Change from RM-6.5 to Community Commercial, Zoning District Amendment in the Community Commercial Zoning District on 1.08 acres. Preliminary Plat of 1.58 acres into one lot. Site Plan Review on 1.58 acres. Location: County Road 4 and Terrey Pine Drive. (Resolution No. 92-171 -Comprehensive Guide Plan Change; Ordinance No. 31-92 - Zoning District Change from RM-6.5 to Community Commercial and Zoning District Amendment in the Community Commercial Zoning District; and Resolution No. 92-172 - Preliminary Plat) John Kohler, architect for the developer, reviewed the details of the proposed development. Howard • Bergerud, a representative of Walgreens, explained that the philosophy of Walgreens had changed toward becoming a neighborhood pharmacy instead of being a tenant in a mall, to better service to its customers. The restaurant counter, formally a part of the Walgreens business, was also eliminated from the store design. Therefore, this free-standing site was more attractive to Walgreens. For privacy of the residents adjacent to the site, all windows, lights, and parking areas were at the front of the store away from adjacent residential areas. Pidcock asked if benches had been planned on the sidewalks for use by senior citizens. Bergerud responded that they could be added. Enger reported that the Planning Commission recommended approval of the proposal at its July 13th meeting and further recommended that the Council authorize a traffic study for the area, noting that the reasons for the traffic study were unrelated to the Walgreens proposal. Lambert reported that the Parks, Recreation &Natural Resources Commission recommended approval at its meeting July 20th. Councilmembers discussed the traffic concerns and questioned whether the planned upgrades to the intersection would alleviate the problems. Dietz responded that Staff had requested Hennepin County review of the warrants at this location for the purpose of installation of a light, similar to that located at County Road #4 and Wagner Way. He added that, until then, Staff would be monitoring the traffic problems and would install signs in the problem areas as a control measure, if necessary. Pidcock asked if the Southwest Metro Transit Commission had reviewed the plans, noting that a park • and ride facility had been planned in this location at one time. Enger said he would follow up with Southwest Metro and report back to the Council. City Council Minutes 4 August 4, 1992 Denny Nesbitt, 16546 Terrey Pine Drive, Tom Halloran, 16507 Terrey Pine Drive, and Earl Ross, 16503 Terrey Pine Drive, related concerns about traffic along Terrey Pine Drive from the SuperAmerica store, stating that it had been a constant problem since 1987, involving lights, loudspeakers, traffic congestion, unsafe U-turns by trucks, and general disruption of the neighborhood. The residents requested that Terrey Pine Court be a "court" again to cut off traffic from the SuperAmerica past their homes. The neighbors acknowledged that they did not have any problems with proposed Walgreens store. Council directed Staff to work directly with the SuperAmerica regarding the concerns enumerated by the residents and work with Hennepin County regarding the light at the intersection of Terrey Pine Drive and County Road #4. Staff was further directed to keep the residents informed about any progress on these issues. Halloran also asked if the building could be moved further from him. Staff responded that it was possible, but that there were constraints involving the proximity of the driveway to the intersection of Highway #5 and County Road #4. Staff was directed to work with Halloran and Walgreens toward mitigation of this concern. Ross added that he felt the benches suggested would be an invitation for teens to hang-out and a potential for vandalism if installed in this location and recommended that the benches not be included in the plans. MOTION: Pidcock moved, seconded by Harris, to: • 1) Close the Public Hearing; 2) Adopt Resolution No. 92-171 for Comprehensive Guide Plan Change; 3) Approve 1st Reading of Ordinance No. 31-92 for Zoning District Change and Amendment; 4) Adopt Resolution No. 92-172 for the Preliminary Plat; and 5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, excluding the recommendation for benches. Motion carried unanimously. B. FAIRFTELD WEST by Centex Homes. Request for rezoning from Rural to R1-13.5 on 23.5 acres. Preliminary Plat of 23.5 acres into 41 lots, 2 outlots and road right-of-way. Location: West of Fairfield, south of Scenic Heights Road/Highway #212. (Ordinance No. 29-92 - Zoning District Change from Rural to R1-13.5; and Resolution No. 92-167 - Preliminary Plat) Dan Blake, Centex Homes, reviewed the detailed plans for the property, addressing the major concern of tree loss and the preservation of the 35-acre remnant of the "big woods," a heavily forested area along the western portion of the property. Blake explained the detailed and customized grading andift building site management techniques proposed, which would keep tree loss to a maximum of 29%. He noted that construction of the rights-of-way through the property would account for 18% tree loss, and that home construction would be responsible for the remaining nine percent. City Council Minutes 5 August 4, 1992 • Enger reported that the Planning Commission considered this project at its June 22nd and July 23rd meetings, and recommended approval at the latter meeting. Lambert reported that the Parks, Recreation & Natural Resources Commission discussed the project on July 20th, and on a split vote, continued the item to August 17th, with the request that Council delay action until after that meeting. The purpose of the August meeting would be to look at costs of acquisition and funding opportunities available for preservation of the "big woods." Councilmembers asked questions about the potential tree loss when compared to the standards of the Tree Preservation Code requirements; how larger lots may effect the tree loss; the quality of the trees and the overall woods; the desirability of purchasing all, or a part of the overall 35 acres of woods; the cost of such a purchase; funding opportunities available for such a purchase; whether there were other areas of "big woods" in Eden Prairie; whether it would be advisable to obtain at least a portion of the wooded area via park dedication of ten percent of the property to the City, instead of fees in lieu of dedication; and whether covenants or restrictions could be placed on the property regarding allowable uses. Enger responded that the requirements of the City Code would allow for 25% - 30% tree loss for the project; without the special protection proposed by Centex, however, tree loss would be closer to 46%. Enger said it was not clear whether larger lots would mean preservation of more trees since larger lots often meant larger homes and more amenities, like swimming pools or tennis courts, which would also cause removal of trees. • Lambert explained that this wooded area had been graded as a C+ quality by the Minnesota Department of Natural Resources since the eastern portion of the woods had been partially logged. The remainder of the woods was in good condition. He explained that the Parks, Recreation, and Natural Resources Commission considered this a unique property which should be purchased, if at all possible. The purchase price was approximately $2,000,000, plus levied assessments. However, funding opportunities from other agencies or from state or federal government sources was considered virtually non-existent. Lambert said there were other areas of the City with "big woods" including areas around Riley Lake, along the Minnesota River Bluff, and within the proposed Marsh Creek development in west-central Eden Prairie. Pauly explained that the City always had the option to request ten percent of the land for park dedication instead of fees in lieu of dedication. He said the City could also place covenants and restrictions as to use of the land by future owners. It was suggested that the developer prepare at least two alternative plans showing what the development would be like if ten percent of the land was set aside for park dedication. Discussion continued regarding the possibility of purchasing only that part of the "big woods" that had not been logged which was outside of the proposed development, and the opportunity to study the tree preservation techniques proposed by the developer as to how well the techniques would preserve more trees in such a densely wooded area. If successful, the techniques could be employed in other similar areas of the community. • Councilmembers acknowledged that the City had made decisions affecting this property, such as levying assessments on the land, which implied that the property was intended for development and, therefore, preservation or purchase as a park area was even less viable as an option for the end use City Council Minutes 6 August 4, 1992 of the land. Councilmembers concurred that the natural resources of the property should be prot�*ed and managed, however. Debbie Fristed, 17247 Terrey Pine Drive, asked on behalf of her son, if the property could be developed as a camp ground to allow for public access to the woods. Jessen noted that such development would not save nearly as many trees. Jim Ostenson, representing Tandem Properties, owner of the property, enumerated the public decisions that impacted this wooded area, including alignment of Highway#212, Dell Road, and Scenic Heights Road, as well as development of storm water holding pond for Highway#5 reconstruction in the area. In response to the request of the Parks, Recreation, and Natural Resources Commission for continuation of the Council action, Ostenson stated that it would mean the development would have, to wait until 1993, because it would be too late to start this year. MOTION: Pidcock moved, seconded by Anderson, to continue the hearing pending results of the' August 17th Parks, Recreation, and Natural Resources public meeting regarding the wooded area of the property. Motion failed on a vote of 2 - 3 - 0 (Harris, Jessen, and Tenpas, against) Councilmembers discussed options for action on the development proposal, with the majority agreeing that the Parks, Recreation, and Natural Resources Commission should hold its meeting August 17th, with recommendations to be forwarded to the City Council by its August 18th meeting in order to avoid unnecessary delay the developer. MOTION: Jessen moved, seconded by Harris, to continue the public hearing to August0h. Motion carried unanimously. C. SPRINGER-KLOOSTER SUBDIVISION by Diane Springer-Klooster. Request for Preliminary Plat on 4 acres. Location: 17221 Terrey Pine Court. (Resolution No. 92-166 - Preliminary Plat) Enger reported that the Planning Commission recommended approval of this item at its July 13th1 meeting. There were no further comments from members of the audience. MOTION: Anderson moved, seconded by Harris, to: 1) Close the Public Hearing; and 2) Adopt Resolution No. 92-166 for the Preliminary Plat. Motion carried unanimously. V.PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and T+enpas voting "aye." VI.ORDINANCES AND RESOLUTIONS • City Council Minutes 7 August 4, 1992 •VILPETITIONS. REQUESTS AND COMMUNICATIONS A. Letter of Resignation from Planning Commissioner James Hawkins MOTION: Pidcock moved, seconded by Anderson, to appoint Cynthia Clish to the unexpired term on the Planning Commission. Motion failed 2 - 2 - 1 (Jessen and Tenpas against, Harris abstained) Councilmembers agreed to review all resumes of those who had applied for the position in March, 1992, and fill the vacancy at the August 18th meeting. VIII.REPORTS OF ADVISORY BOARDS, COMMISSIONS & CONEVIITTEES A. Report from Bluff Committee Staff presented the report from the Bluff Committee regarding development of the Minnesota River Bluff in the future. Their recommendation included formation of a preservation and development framework for the entire Minnesota River Valley. Committee recommendations included reopening of the overlook area off Highway #169. Councilmembers credited the Committee for their hard work on a difficult topic and thanked them for their service on the committee. •IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Stop Sign in Heritage Road Neighborhood Pidcock said she had received a complaint about the removal of the stop sign at Luther Way and Heritage Road. Dietz explained that the stop sign was often ignored at this location, which was why it was removed. He explained that he had spoken with a concerned neighbor and would be working with the police to monitor any difficulties which may be caused by the removal of the sign. 2. Uncut Grass/Weeds Along County Road #1 Pidcock said she had received a complaint about uncut grass, or weeds, along County Road #L Jullie explained the policy for dealing with this matter and stated he would follow through on the complaint. 3. Council Compensation • Anderson asked about the policy for compensation of Councilmembers, stating that, in comparison to other similar communities, Eden Prairie's Council was compensated less than other councils. Regarding the method of compensation, Anderson suggested the City establish guidelines for City Council Minutes 8 August 4, 1992 consistency in how each member should submit claims for reimbursement for meetings attende* on behalf of the City. Councilmembers concurred that accountability and consistency were important and directed Staff to prepare a set of guidelines for reimbursement for their review. B. Report of City Manager 1. Proposal from Sterling Group, Inc. for Services on "Downtown" Property MOTION: Harris moved, seconded by Jessen, to authorize the City Manager to execute an agreement for services with the Sterling Group for$72,800, to be paid from tax increment funds. Motion carried unanimously. 2. Proposal for Constitutional Amendment on Dedicating Two-Cent Sales Tax to Local Government Trust Fund Jullie reported that other city governments and municipal associations had expressed interest in calling for a constitutional amendment to dedicate the two-cent portion of the sales tax to the Local Government Trust Fund (LGTF). After discussion, Councilmembers were uncomfortable with the idea of a constitutional amendment for this purpose, but agreed about the importance of protecting the LGTF monies Council directed Staff to prepare a strong statement on its behalf supporting dedication of two cents of the six-and-one-half cents collected by the State sales tax to the LGTF to protect local property tax relief funds from budget cuts during the 1993 Legislative Session and to forward the statement to the appropriate agencies. 3. Community Survey MOTION: Jessen moved, seconded by Anderson, to authorize the use of $5,500 from the Contingency Account as additional funding for the follow-up Community Survey and to accept the offer of Southwest Metro to pay for that portion of the survey related to public transit. Motion carried on a 4-0-1 vote. (Barris abstained) 4. Purchasing Procedures for Items Less Than $25,000 MOTION: Jessen moved, seconded by Hams, to authorize purchases of less than $25,000 to be approved b,y the City Manager, in accordance with current amendments to State Statutes. Motion carried unanimously. 5. Setting Dates for Upcoming Council Workshops Councilmembers tentatively agreed to setting the next workshop session for Monday, August 25th at City Hall. • C. Report of Director of Parks, Recreation & Natural Resource City Council Minutes 9 August 4, 1992 • D. Report of Director of Planning E. Report of Director of Public Works 1. Surface Water Management Utility Study In response to Council direction regarding establishment of a storm water utility for the City, Dietz reported on the results of the study regarding creation of a Water Quality Management Program for Eden Prairie, and recommended a schedule of public information meetings during the next few months to determine whether the utility should be established. Councilmembers raised questions regarding management of the utility, comparability to sewer and water utilities, whether a board would be designated, how the utility would fit into the budget process, how the Watershed Districts of the City would, or could, be involved, how the utility would be coordinated with NURP standards, flood plain requirements, and wetland protection issues. Councilmembers concurred that it would be best to review the proposal in greater detail during a workshop session and directed Staff to schedule the issue for the next available session. MOTION: Anderson moved, seconded by Jessen, to extend the meeting past the 11:00 p.m. deadline to 11:30. Motion carried unanimously. • 2. TIF Project Schedule and Cash Flow (Continued from July 7, 1992) Dietz reviewed the revised schedule for project implementation and cash flow in the TIF District as requested by Council. He pointed out that the project schedule was now spread over a period of seven years because of recent land bank purchases, noting that the schedule could be compressed if the land was sold sooner than anticipated. 3. Tree Planting in the Right-of-Way (Continued from July 7, 1992) Dietz reviewed the memorandum regarding tree planting in City-owned right-of-way. Council directed that the memorandum be placed on file for future reference. F. Report of City Attorna G. Report of Finance Director XI.OTHER BVSINESS XII.AD TOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Jessen to adjourn. The meeting adjourned at • 11:20 p.m.