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City Council - 09/01/1992 APPROVED ADNUTF.S EDEN PRAIRIE CITY COUNCIL •TUESDAY, SEPTEMBER 1, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCI1 IEViBERS: 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 7:30 p.m. Jessen was absent. PROCLAMATION FOR LITERACY AWARENESS MONTH IN EDEN PRAIRIE Mayor Tenpas presented a Proclamation declaring September as "Literacy Awareness Month" in the City to the Literacy Action Committee of the South Hennepin Adult Programs in Education (SHAPE) agency. •I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.I., Commendation for Mosquito Coast Volleyball Team; X.A.2., Report on Activities of League of Minnesota Cities: and X.A.5.. Supporting Expansion of Eden Prairie Library. Anderson added Item X.A.3., Pedestrian Safety Along Plaza Drive, and X.A.4., Per Diem Compensation for Councilmembers. Jullie added Item X.D.3., Adoption of Resolution No. 92-197, Approving Plans and Specifications and Ordering Advertisement for Bids for Purgatory Creek Wetland Restoration MOTION: Pidcock moved, seconded by Harris, to approve the agenda as amended. Motion carried unanimously. A. Request from Donald Atkins to Speak to Erosion Problems within the City of Eden Prairie (Continued from August 18, 1992) Don Atkins, 9580 Eden Prairie Road, spoke of concerns for erosion control practices in the City. He said one problem was that developers often failed to remove the erosion control barriers after construction was complete, leaving unsightly conditions exposed. Atkins gave examples of several projects in Eden Prairie where erosion control was ineffective and suggested stronger enforcement by the City was necessary. • Councilmembers discussed inclusion of stricter requirements in developer's agreements for new projects, possible ordinance amendments, and review of erosion control at a commission level for better control of erosion matters. They also expressed concern for water quality on the City if the problems continued. City Council Minutes 2 September 1, 1992 Dietz said he would prepare a report for Council review at its next available meeting. Council directed • that Atkins be notified when the issue would return to the agenda. H. MINUTES A. ,Joint City Council/Human Rights & Services Commission meeting held Tuesday. August 18, 1992 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the Joint City Council/Human Rights and Services Commission meeting held August 18, 1992, as submitted. Motion carried unanimously. B. City Council meeting held Tuesday. August 18, 1992 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the regular City Council meeting held August 18, 1992, as submitted. Motion carried unanimously. C. City Council/Staff Workshop Meeting held Tuesday, August 25, 1992 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council/Staff Workshop meeting held August 25, 1992, as submitted. Motion carried unanimously. M. CONSENT CALENDAR • A. Clerk's License List B. Final Plat Approval of Bluffs East 12th Addition (located west of Franlo Road) Resolution No. 92-188 C. Final Plat Approval of Boulder Pointe 4th Addition (located south of Mitchell Road) Resolution No. 92-186 D. Approval of Bid for Grading of Miller Park E. Final Plat Approval of Bell Oaks Estate (located on the south side of Riverview Road in Section 336) Resolution No. 92-193 F. Resolution No.92-194 Supporting Southwest Metro Transit Commission's Proposal to Add Mid- Day Bus Service in the City of Eden Prairie G. Approval of Request from Parks, Recreation & Natural Resources Commission to Set a Joint Meeting for October 6, 1992 at 6:00 PM MOTION: Pidcock moved, seconded by Anderson, to approve Items A-G on the Consent Calendar to include approval of Item C, Boulder Pointe 4th Addition Final Plat, with the street name "Westhill Pointe." Motion carried unanimously. City Council Minutes 3 September 1, 1992 IV.PUBLIC HEARINGS/MEETINGS • A. Final Assessment Hearing for Spoon Ridge Demolition Project, I.C. 52-265 (Resolution No. 92- 184) This assessment hearing was held at this time to streamline the process for disposition of the property involved. 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. 92-184 to approve I.C. 52-265. Motion carried unanimously. B. CASCADE TOWNHOMES by Sunset Homes Corporation. Request for PUD Concept Review on 60 acres; PUD District Review on 6.35 acres with waivers; Zoning District Amendment within the existing RM-6.5 Zoning District on 6.35 acres; Preliminary Plat of 6.35 acres into 18 lots and 3 outlots; Site Plan Review on 6.35 acres. Location: Dell Road and Cascade Drive. (Resolution No. 92-189 - PUD Concept; Ordinance No. 30-92-PUD-7-92 - PUD District Review and Zoning District Amendment within the existing RM-6.5 Zoning District; and Resolution No. 92-L% - Preliminary Plat) • Dick Putnam, Tandem Properties, owner of the property, and Paul Donnav, developer of the project, reviewed the proposed 18-unit townhouse development, comparing it to the previously approved 20- unit townhouse project for this site. Enger reported that the Planning Commission recommended approval of the item at its meeting August loth. Lambert reported that the Parks, Recreation and Natural Resources Commission also recommended approval at its meeting on August 17th. There were no comments from the audience. -MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the public hearing; 2) Adopt Resolution No. 92-189 approving the PUD Concept; 3) Approve 1st Reading of Ordinance No. 30-92-PUD-7-92 to approve the PUD District Review and Zoning District Amendment; 4) Adopt Resolution No. 92-190 approving the Preliminary Plat; and 5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendation and siltation fences and that developer shall be responsible for removal of siltation fences. • Motion carried unanimously. City Council Minutes 4 September 1, 1992 C. VACATION 92-06 - Outlot E Preserve Commercial Park South (Resolution No. 92-183) • Staff had determined that the sanitary sewer easement within Outlot E, Preserve Commercial Park South, located to the south of the east end of Medcom Boulevard, was no longer needed to serve a public purpose. There were no comments from the audience. MOTION: Anderson moved, seconded by Harris, to: 1) Close the public hearing; and 2) Adopt Resolution No. 92-183 to vacate the easements. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Anderson moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Pidcock, and Tenpas voting "aye." VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS AND COMMUNICATIONS • A. Receive 100% Petition from Hustad Development Company for Storm Sewer Improvements to Bluffs East 6th, 7th and 11th Additions, I.C. 52-272 (Resolution No. 92-177) Hustad Development Company requested approval of public storm sewer improvements to the Bluffs East 6th, 7th, and llth Additions by submitted a 100% petition for the improvement. MOTION: Harris moved, seconded by Anderson, to adopt Resolution No. 92-177 ordering the Improvements in I.C. 52-272 with the added provision that the contractor be held responsible for removal of erosion control fencing upon completion of the work. Motion carried unanimously. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES A. Request by the Historical & Cultural Commission for Additional Funding for a Planned Storage Facility at Staring Lake Park (Continued from August 18, 1992) MOTION: Harris moved, seconded by Pidcock, that, of the $60,000 in the 1992 Budget no longer needed for rail-to-trail improvements, that $30,000 be designated for improvements for the stage and storage structure at the Staring Lake Amphitheater and that the remaining $30,000 be applied toward reduction of the 1993 budget. Motion carried unanimously. IX. APPOINTMENTS • A. Appointment of 1 member to the Planning Commission to fill an unexpired term to 2/28/94 (Continued from August 18, 1992) Due the resignation of Jim Hawkins, a vacancy existed on the Planning Commission for a term to expire February 28, 1994. Anderson nominated Cynthia Clish. City Council Minutes 5 September 1, 1992 MOTION: Harris moved, seconded by Pidcock to close nominations and appoint Cynthia Clish to the • unexpired term of James Hawkins on the Planning Commission ending February 28, 1994. Motion carried unanimously. B. Annointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to 2/28/94 (Continued from August 18, 1992) Due to the resignation of Neil Akemann, a vacancy existed on the Board of Appeals and Adjustments for a term to expire February 28, 1994. Tenpas nominated G. D. "Jerry" Herman. Pidcock nominated Joan K. Meyers. MOTION: Harris moved, seconded by Pidcock to close nominations. Motion carried unanimously. Upon balloting, the vote was recorded as a tie between the two nominees. Because of the tie vote, Councilmembers agreed to continue this item to the September 15th meeting when all members would be present. X. REPORTS OF OFFICERS A. Reports of Councihnembers 1. Commendation for Mosquito Coast Volleyball Team • Pidcock reported that the Eden Prairie volleyball team, the Mosquito Coast, had taken llth place nationally. Councilmembers agreed that a commendation should be issued congratulating the team on its national showing. 2. Leaeue of Minnesota Cities Pidcock, a member of the Board of Directors of the League of Minnesota Cities,presented the Council with a report about the League activities and services and said she would continue to keep the Council informed of her work on the Board. 3. Pedestrian Saft Along Plaza Drive Anderson expressed concern about pedestrian safety along the east/west portion of Plaza.Drive, noting that people frequently walk in this area between the auto repair businesses and the shopping center, without the benefit of sidewalk or trail. He suggested installation of either a trail, a sidewalk, or both in this area for safety purposes. Dietz stated he would review the area and report back to the Council about possible improvements and possible funding solutions. 4. Per Diem for Councilmembers • Anderson indicated concern that this item had been continued from the previous meeting, but had not appeared on the agenda. After brief discussion, Councilmembers concurred the item should be continued to the September 15th meeting when all members would be present. City Council Minutes 6 September 1, 1992 5. Exgansion of the Eden Prairie Branch of Hennepin County Library • Pidcock noted that the City had received a letter regarding the expansion of the library. Councilmembers concurred that a letter from the City should be forwarded to the County supporting the expansion of the library and expanded service to the citizens of Eden Prairie. B. Report of City Manager 1. Reschedule City Council Meeting of December 1, 1992 to December 8, 1992 (Continued from August 18, 1992) MOTION: Pidcock moved, seconded by Harris, to reschedule the December 1, 1992, regular Council meeting to December 8, 1992. Motion carried unanimously. 2. Ordinance No. 32-92, Granting a Franchise to Northern States Power (NSP) 7ullie reported on the proposed ordinance granting a franchise to NSP for service of electricity to Eden Prairie and setting the terms and responsibilities of NSP and the City for the use and disturbance of public ways and public grounds. Councilmembers discussed the situation of overhead lines being replaced with underground lines in the older neighborhoods of the City. Marlo Peterson and Peter Carna from NSP explained the additional costs involved and the difficulties with making such a transition. Fees to the homeowner • included a permanent $2.00 monthly charge, construction cost of approximately $500 to bury their individual service, plus the cost to bury the system, in addition to replacing, at their own expense, the disturbed landscaping in front of their homes. Councilmembers agreed that funds to be collected by the ordinance provisions could be allocated toward burying such lines on an incremental schedule. MOTION: Harris moved, seconded by Anderson, to approve the 1st Reading of Ordinance No. 32- 92 to grant a Franchise to Northern States Power. Motion carried unanimously. C. Report of Director of Public Works 1. Tree Planting in the Right-of-Way (Continued from August 18, 1992) Councilmembers discussed the recommendations of the memorandum and agreed that, while it may be impractical to have boulevard trees on every street, it was possible to have boulevard trees planted in specific areas, such as the Major Center Area, the City Hall (CPT) site, and the area around Scenic Heights and Mitchell Road. Dietz said a partnership matching program for planting trees within the right-of-way was a possible funding source through the Minnesota Department of Transportation and that he would research the possibility and report back to the Council. Dietz reported that the State and County had been required • to plant trees as part of their road construction projects through the City, including Crosstown Highway No. 62 and Highway No. 5 improvements. Council directed Staff to develop a policy urging tree planting at the time of development for new development and road construction projects in the City and for having trees replacement requirements City Council Minutes 7 September 1, 1992 on heavily wooded lands fulfilled by planting trees in public areas, such as the boulevard areas • mentioned. 2. Award Contract for Phase I of Braxton Drive Improvements, I.C. 52-189 (Resolution No. 92- 185) MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 92-185 to Award the Contract for I.C. 52-189. Motion carried unanimously. 3. Approving Plans and Specifications and Ordering Advertisement for Bids for Purgatory Creek Wetland Restoration, I.C. 52-273 (Resolution No. 92-197) MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 92-197, approving plans and specifications and ordering advertisement for bids for the Purgatory Creek Wetland Restoration Project, I.C. 52-273. Motion carried unanimously. F. Report of Finance Director 1. Lease for Liquor Store No. 1 Frane explained the lease proposals submitted by Prairie Village Mall and Prairie Courts Mall for the City's Liquor Store No. 1. • Councilmembers discussed the differences in lease rates, advantages of the various features of the two shopping centers, and potential loss of customers. Council directed Staff to work with both proposals to compare final costs and to report back to the Council at the next meeting. MOTION: Pidcock moved, seconded by Harris, to continue this item to the September 15th meeting. Motion carried unanimously. XI. OTHER BUSINESS XII. ADTOLTRNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 9:30 p.m.