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City Council - 02/02/1993 MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, ]FEBRUARY 2, 1993 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCH MI,MBERS: Mayor Douglas Tenpas,Richard Anderson,Jean Harris, H.Martin lessen, 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 Community Development 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. PRESENTATION OF COMMENDATION AWARD TO CHUCK AND KARI DORNIDEN W—ayor Tenpas presented an award of commendation to Chuck and Kari Dorniden. The award was recommended by the Police and Fire Awards Committee for the part the Dornidens played in the Christmas Eve fire in The Preserve. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Harris added Item X.A.I., Complaints About Odors from CertainTeed; Pidcock added Item X.A.2.. Report on Risks of Birth Defects from Living Near Toxic Waste Dumps; and Jullie added Item X.B.4., Eden Prairie Foundation Establishment of a Cultural Arts Center. MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. H. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, TANUARY 19, 1993 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the January 19, 1993, City Council meeting as submitted. Motion carried unanimously. M. CONSENT CALENDAR A. Clerk's License List . B. Resolution #93-25, Approving Construction Plans and Authorize "Temporary Permit to Construct" for Technology Drive Near Wallace Road, State Project No. 2762-15, I.C. 93-5307 City Council Minutes 2 February 2, 1993 C. Approve Supplemental Agreement No. 4 for Dell Road, I.C. 52-126 D. Resolution#93-26, Appointing Responsible Authority-Data Practices Act (MS 13.02, Subd. 16) MOTION: Harris moved, seconded by Pidcock, to approve Items A. -D. of the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/M EETINGS A. MARKRAM ADDITION by John Markham for rezoning from Rural to R1-13.5 on 22.97 acres; Preliminary Plat of 57.66 acres into 38 lots and 4 outlots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals. Location: South of Townline Road (West 62nd Street) and west of Cranberry Lane. (Ordinance for Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) Terry Schneider of Project Developers, consultant for the developer, presented the details of the • proposed development. Enger said the Planning Commission recommended approval of the development at its January llth meeting and that the Parks, Recreation and Natural Resources Commission recommended approval at its meeting of February 1st. Councilmembers raised questions regarding the retaining walls, trail connections to other existing • trails in adjacent developments and in Minnetonka, and the recommendations from the Minnesota Department of Natural Resources (DNR). Staff indicated that there was a history of problems in the City with timber retaining walls; therefore, concrete, loeffel stone retaining walls were recommended. Schneider explained the proposed trail connections to the existing trails in adjacent developments and to the Minnetonka trails. After further discussion, Council directed Staff to prepare an area-wide prospective of trail connections and park access points for all future developments reviewed by the Council. Regarding the letter from the DNR, Enger explained that, while the plan met the requirements of the DNR, it did not meet the conditions of its letter evaluating the project. For example, there was a condition in the letter requiring that the "bluff' remain undisturbed. The only "bluff' on the property was a portion of land located within the right-of-way of Crosstown Highway #62 that would be constructed in the near future. The Hennepin County plans for construction of the road showed the that the "bluff' would be cut down by 15 ft., thereby removing that portion of the land from the "bluff' definition of the DNR. Enger noted that this issue and others were negotiated with the DNR and that the plan did, indeed, meet their requirements. Enger added that the plan met the design requirements of the City's Purgatory Creek Recreation Study, which was a much more detailed review of the area. Councilmembers expressed concern that • a letter from a State Agency like the DNR listed requirements which were not applicable, or which made no sense for the particular situation. City Council Minutes 3 February 2, 1993 0 After further discussion, Council directed Staff to prepare correspondence from the Council to the DNR regarding their concerns. There were no comments from members of the audience. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the public hearing; 2) Approve 1st reading of the ordinance for rezoning; 3) Adopt Resolution #93-27 for the preliminary plat; and 4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. BILL KENNEY SUBDIVISION by Bill Kinney for Preliminary Plat of 3.6 acres into 3 single family lots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals. Location: 17650 W. 78th Street. (Resolution for Preliminary Plat) • Gregg Kopischke, Westwood Planning and Engineering, explained the development features to the Council. Bill Kinney, property owner, explained compatibility with US Homes development. Enger said the Planning Commission recommended approval of the proposal at its January 1lth meeting and that the Parks, Recreation & Natural Resources Commission recommended approval at its meeting February lst. Enger reported that there was a lengthy discussion by Parks, Recreation and Natural Resources Commission regarding variances for setbacks to shoreland. They recommended limiting the shoreland setback to 105 ft. minimum. Lee Johnson, Orrin Thompson Homes, developers of the property to the west, expressed concern about the fairness of allowing 105 ft. setbacks to the shoreland for this development when their development, the Shores of Mitchell Lake, was required to meet 150 ft. setbacks to shoreland. Councilmembers questioned why the City had not accepted the offer from Mr. Kinney for dedication of a portion of the lakeshore to public open space purposes within the overall park system. Council directed Staff to provide this information prior to any final zoning approval for the property. A discussion comparing the shoreland setback requirements for the Kinney development and the Orrin Thompson development followed. Councilmembers concurred that further review was in order as a separate topic of discussion. City Council Minutes 4 February 2, 1993 • MOTION: lessen moved, seconded by Harris, to: 1) Close the public hearing; 2) Adopt the Resolution #93-28 approving the preliminary plat with 105 ft. setbacks to the lake; and 3) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, pending receipt of more information regarding potential City ownership of the parcel of to the lakeshore as offered by Mr. Kinney. Motion carried unanimously. Council directed Staff to review what the requirements had been for setbacks and lot widths on Mitchell Lake for the various developments and to determine whether the City had treated the individual developments consistently. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote with Anderson,Harris,Jessen,Pidcock,and Tenpas voting"aye." •VI. ORDINANCES AND RESOLUTIONS VIL PETITIONS, REQUESTS AND COMMUNICATIONS A. Request from Michael &Jill Shavlik,7353 Williams Lane, to have the Council review the Board of Adjustments & Appeals denial of their variance request (Continued from 11/17/92) This item had been continued from the meeting of November 17, 1992. The Shavliks were appealing the decision of the Board of Appeals regarding a deck for their cluster-home lot. The variance requested would result in a front yard setback of 11 feet. Staff reported its findings regarding the City's setback requirements be reviewed and compared the City's standards to those of other communities. The Staff research showed that very few decks built in the City needed a variance. The Planning Commission reviewed the Staff report and endorsed the Staff recommendation for decks to have a 20- foot setback. The Board of Appeals &Adjustments also reviewed the Staff report and recommended that current Ordinance requirements be retained. MOTION: lessen moved, seconded by Pidcock, to 15 ft. setback affirming the decision of the Board of Appeals & Adjustments. Motion carried on a vote of 4 - 1 - 0, with Anderson voting against. VHI. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES •IX. APPOINTMENTS City Council Minutes 5 February 2, 1993 • X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. CertainTeed Odors Harris raised concerns regarding the number of complaints received recently about the odors from the CertainTeed company in Shakopee. Staff reported that the Minnesota Pollution Control Agency (PCA) was overseeing the improvements being made to the CertainTeed facility for alleviation of the problem, noting that the project would not be finished until later this year. Councilmembers concurred that further action may be necessary due to the extent of the problem, which seemed to be escalating beyond nuisance odor complaints to more serious health-related complaints from residents. Staff was directed to include information about the situation in the next community newsletter. Further, Council directed the City Manager and City Attorney to investigate how the City should proceed in the future in the event that the odor and health problems continued and the matter was not satisfactorily corrected. 2. Risks of Birth Defects from Living Near Toxic Waste Sites Pidcock distributed information related to birth defects caused by living in the proximity of toxic • waste sites for review by Councilmembers. B. Report of City Manager 1. Fire Relief Association Pension Benefits Council, Staff, and members of the Firefighters Relief Association discussed various options for amendment to the pension benefit package for the fire fighters. Comparisons to other communities were also reviewed. Due to the large amount of information and the desire for fair comparison of benefit packages from other communities, Jessen and Tenpas volunteered to work as a subcommittee with Staff and the Firefighters to develop answers to Council questions. Issues of concern included: the definition of "disability" as it affected non-duty work, fiduciary responsibilities of the Council; and timing and other considerations involving state legislation required to amend the package. The subcommittee agreed to report back to the Council by March 2nd. 2. Technical Consultant Re: Flying Cloud Airport Council requested that Staff recommend a technical consultant whose services would be retained as needed during the opposition to the airport expansion. A team of consultants consisting of L. Lehman • and Associates and Dames & Moore was recommended. Lehman had proposed to act as project coordinator. Lehman's expertise focused on environmental matters involved; Dames &Moore were airport experts. City Council Minutes 6 February 2, 1993 • Councilmembers discussed the potential for using each expert individually on an as-needed basis, instead of working through a project manager. MOTION: Pidcock moved, seconded by Jessen, to retain the services of L. Lehman & Associates, Inc., and Dames &Moore as described to provide technical consulting services on an as needed basis under terms, in an amount not to exceed $10,000, and that the funds be allocated from the Contingency account of the General Fund for these services. Motion carried 4- 1 - 0, with Tenpas voting against. Tenpas stated he voted against because he believed the City would be able to operate from a stronger position with an airport consultant as the head of the team, instead of an environmentalist. Councilmembers continued discussion about the merits of using each expert as needed. MOTION TO RECONSIDER: Jessen moved, seconded by Harris, to reconsider the previous motion. Motion carried unanimously. MOTION: Jessen moved, seconded by Harris, to direct Staff to negotiate individually with Lehman and Dames and Moore regarding contracting their services on an as-needed basis, in an amount not to exceed $10,000, and that the funds be allocated from the Contingency account of the General Fund for these services. Motion carried unanimously. • 3. Eden Prairie Civic Center Brian Cluts made a presentation on the status of plans for remodeling the new Civic Center. Staff explained the additional financing needed to complete the project. Councilmembers were pleased with the progress of the plans and with the proposed financing. They discussed the potential for additional bonding for this and other projects, given the favorable market at this time. Staff was directed to investigate the possibility of using bond funds in this way. MOTION: Anderson moved, seconded by Hams, authorizing Staff to proceed with the remodeling plans and financing plans for the Civic Center as presented at this meeting. Motion carried unanimously. 4. Eden Prairie Foundation Establishment of a Cultural Arts Center Kate Halvorsen and Ken Brooks, representing the Eden Prairie Foundation, explained the Foundations' project for a Center for the Arts. The Center would be established as a multifaceted visionary center, intended to meet the needs of many organizations in the community. Creative learning for arts drama, dance, writing, preservation of natural spaces, and other cultural and artistic endeavors would be encouraged by the Center. It would be located near Starring Lake Park in the area of the Janikula Barn and the Boyce property. • Councilmembers offered their commendations for the endeavor and pledged their support of the project. City Council Minutes 7 February 2, 1993 is C. Report of Director of Parks, Recreation & Natural Resource D. Report of Director of Community Development E. Report of Director of Public Works F. Report of City Attorney G. Report of FInance Director XI. OTHER BUSINESS XII. ADJOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Hams, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 11:15 p.m. • •