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City Council - 06/01/1993 NIINUTES EDEN PRAIRIE CITY COUNCIL. Ank WI UESDAY, JUKE 1, 1993 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNC11 MEMBERS: 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. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Items X.A.7.,Southwest Metro Transit Progress Report and X.A.8..Southwest Metro Transit Reverse Commute/Job Fair. Tenpas added Items X.A.9., Ducks Crossing Highways and X.A.10.,Planes of Fame. Jullie added Items X.C.1 Suburban Hennepin Parks CIP and X.D.L. City Center Project Update. MOTION: Harris moved, seconded by Anderson, to approve the agenda as submitted and amended. Motion carried unanimously. H. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 18, 1993 MOTION: Anderson moved, seconded by Pidcock, to approve the minutes of the May 18, 1993, Council meeting as submitted. Motion carried unanimously. M. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PROCLAMATION HONORING EADIETT STARK FOR 20 YEARS OF SERVICE AS DIRECTOR OF THE EDEN PRAIRIE COMMUNITY BAND C. APPROVAL OF BIDS FOR PIONEER PARK D. RESOLUTION #93-112, FINAL PLAT APPROVAL OF BELL OAKS ESTATES 3RD (located . south of Riverview Road and east of Homeward Hills Road) City Council Minutes 2 June 1, 1993 E. RECEIVE AND APPROVE FIRST QUARTER 1993 GENERAL FUND BUDGET STATUS REPORT F. RECEIVE AND APPROVE UNAUDITED 1992 YEAR-END GENERAL FUND BUDGET STATUS REPORT G. AWARD BID FOR DEMOLITION OF HOUSES AT 8034 AND 8042 EDEN ROAD H. RESOLUTION #93-113, AUTHORIZING THE ISSUANCE OF $2,595,000 COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS-LAKEVIEW BUSINESS CENTER I. 1ST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 8, SECTION 8.07, SUBD. 3.B., RELATING TO PARKING HOURS AND SIGNAGE J. APPROVAL OF FINAL PLANS FOR ELEVATED WATER TOWER AND AUTHORIZE BIDS TO BE RECEIVED MOTION: Pidcock moved, seconded by Anderson, to approve items A -J of the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS • A. FREEBURG/PERKINS/FELTL ADDITION by Freeburg/Perkins/Feltl. Request for Preliminary Plat of three acres into three lots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals. Location: Willow Creek Road. (Resolution for Preliminary Plat) Continued from May 4, 1993 MOTION: Anderson moved, seconded by Pidcock, to continue this item to the August 3, 1993, meeting. Motion carried unanimously. B. PRAIRIE MEADOWS APARTMENTS Public Hearing For Council Approval of Formation Of Lease Hold Cooperative (Resolution #93-114) The leasehold cooperative at Prairie Meadows Apartments and the owner of the apartments, Community Housing Development Corporation (CHDC), requested Council recognition of the cooperative. The Human Rights & Services Commission recommended approval. Richard Brustad, CHDC, explained the request. Patricia Berg, 11245 Westwind Drive, President of the Cooperative, Sharone LeMieux, 11225 Westwind Drive, Chair of Membership, and Laurie Gallagher, 11225 Westwind Drive, Treasurer, all spoke to advantages of operating a cooperative. Councilmembers asked questions about vacancy rates, membership requirements, membership of the Board, City liability, who was responsible for hiring and firing management for the complex, who was responsible for control of the money and/or budget, and whether the budget was audited. is Berg said there was a five-year waiting list for 2 - 3 bedroom units. LeMieux stated that cooperative membership was not a residency requirement. She added that the Board consisted of nine members with three-year, rotating terms. City Council Minutes 3 June 1, 1993 • Pauly stated that he had reviewed the documents and that the City would assume no liability due to this arrangement. Brustad said the that responsibility for hiring and firing building management and for control of the money and the budget issues was in the hands of the Board. Money accrued from the change to a homestead status was required by law to be used for improvement and enhancement of the property. Brustad said that language to this effect had been included in the lease agreement, along with a provision for auditing. Councilmembers concurred that keeping the money in the community and improving the property would provide an advantage to all parties involved. Linda Sennes, resident of Prairie Meadows, expressed concern about access to the board, opportunities for participation by all residents, and screening criteria for new residents. LeMieux explained problems the Board had experienced in finding a place for all the residents to meet. The members of the Board agreed to work with Sennes about her concerns. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; and 2) Adopt Resolution #93-114, approving the creation of a leasehold cooperative at the Prairie Meadows Apartments. • Motion carried unanimously. C. CENTEX DEERFIELD by Centex Homes/Delegard Family. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 21.8 acres and from Low Density Residential to Neighborhood Commercial on 3.66 acres. Planned Unit Development Concept Review on 94.15 acres. PUD District Review with waivers on 94.15 acres. Rezoning from Rural to R1-9.5 on 30.1 acres. Rezoning from Rural to R1-13.5 on 7.3 acres. Rezoning'from Rural to RM- 6.5 on 21.8 acres. Preliminary Plat of 94.15 acres into 323 lots, 7 outlots, and road right-of-way. Location: Dell Road and West 82nd Street. (Resolution for Comprehensive Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review and Rezoning from Rural to R1-9.5, R1-13.5, and RM 6.5; and Resolution for Preliminary Plat) Dan Blake, Centex Homes, presented the residential portion of the proposal; Bob Smith explained the details of the commercial portion of the development. The Planning Commission recommended approval of the development; the Parks, Recreation & Natural Resources Commission recommended approval, noting that the developer would be dedicating a 10.5-acre parcel to the City. With respect to Dell Road assessments, it was recommended by Staff that the City pay for special assessments for the frontage of the 10.5-acre active park within the development,but that the developer pay special assessments for all other frontage, including frontage along the outlots and other open space within the development. Councilmembers discussed the importance of making trail connections to Chanhassen trails. They also expressed concern about meeting the original intent of the R1-9.5 District, i.e. providing lower cost housing by allowing smaller lots. Staff explained that there was a shortage of housing in the price City Council Minutes 4 June 1, 1993 range proposed by the developer of $140,000 - $190,000. There were no comments from the • audience. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the Public Hearing; 2) Adopt Resolution #93-115, approving Comprehensive Guide Plan Changes; 3) Adopt Resolution #93-116, approving PUD Concept Plan; 4) Approve 1st Reading of the Ordinance for PUD District Review and Rezoning; 5) Adopt Resolution #93-117, approving the Preliminary Plat; and 6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. Mayor Tenpas declared a recess at 9:05 p.m. The meeting was reconvened at 9:15 p.m. • D. ST. EDWARDS FIELD by The Pemtom Land Company. Request for rezoning from Rural to Rl- 13.5 on 2.44 acres and Preliminary Plat of 7.07 acres into 11 lots, 1 outlot and road right-of-way. Location: West of Tartan Curve, east of CSAH 101. (Ordinance for Rezoning from Rural to Rl- 13.5; and Resolution for Preliminary Plat) Dan Herbst, President of Pemtom Land Company, reviewed the proposed development plans. The Planning Commission and the Parks, Recreation and Natural Resources Commission recommended approval of the proposal. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Approve the 1st Reading of the Ordinance for Rezoning; 3) Adopt Resolution #93-118, approving the Preliminary Plat; and 4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. Herbst asked the Council for permission to proceed with grading on the property. • City Council Minutes 5 June 1, 1993 MOTION: Jessen moved, seconded by Pidcock, to grant an early grading permit for the development, • with the understanding that the developer would be proceeding at his own risk. Motion carried unanimously. E. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF LOTS 15 AND 16, BLOCK 3. BOULDER POINTS, VACATION NO. 93-01 There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to: 1) Close the Public Hearing; and 2) Adopt-Resolution #93-119, authorizing vacation of the easements. Motion carried unanimously. 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. Anderson, Harris, Jessen, Pidcock, and Tenpas voted "aye." •VI. ORDINANCES AND RESOLUTIONS A. 1ST READING OF TRAPPING ORDINANCE Diane Lynch and Bruce Bowman, Co-chairs of the Trapping Ordinance Committee, explained the changes proposed. John Parker, representing the Minnesota Department of Natural Resources, said his agency had also reviewed the document and found it in compliance with its requirements. John McCardle, 14280 Golf View Lane, Zoological Resources, had suggestions about several provisions of the ordinance including: a total ban of leghold traps, provision of a more objective definition of "nuisance animal," identification on the traps of the owner, reporting of the location of traps to the police, demarcation of the location of the trap with a pole and florescent flag, requiring liability for trappers for veterinary bills of domestic animals caught in traps, and provision of a method for complaints about traps to be handled. Richard !:, boum, a Bloomington resident, expressed concerns about the use of leghold traps, referring to his letter and previous testimony before the Council on this issue. Councilmembers concurred that many of the ideas proposed for inclusion in the ordinance should be considered; however, there was a consensus that the ordinance should be considered as recommended by the Committee for the immediate needs of the City and that further amendments could be made in the near future. • MOTION: Anderson moved, seconded by Pidcock, to adopt first reading of the ordinance regulating trapping in the City. Motion carried unanimously. City Council Minutes 6 June 1, 1993 •VII. PETITIONS, REQUESTS AND COMMUNICATIONS VM.REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMM=ES IX. APPOINTMENTS A. APPOPMVIIENT OF ONE MEMBER TO THE HUMAN RIGHTS COMMITTEE TO FILL AN UNEXPIRED TERM TO OCTOBER 31, 1994 MOTION: Harris moved, seconded by Pidcock, that the Council meet at 7:00 p.m. on Tuesday, June 15, 1993, to interview applicants for the Human Rights Committee. Motion carried unanimously. X. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Non-Accessory Signs Councilmembers discussed the current complaints regarding non-accessory signs in the City. Suggestions included strict enforcement of the code as written and possible amendments to the code after study and review by an appointed ad hoc citizen committee. There was also discussion about the resources necessary to accomplish any Council direction. It was agreed that it would be necessary to document the problem and then send out notices to sign owners about the violations. Councilmembers concurred that there should be special consideration for community groups. William Byrnes, LaRivier Court, suggested the City erect community bulletin boards. Ken Johnson, former President of Minneapolis Association of Realtors, volunteered to work as a liaison with real estate agents and builders in the community, stating that it was the intent of these two groups to comply with sign regulations, as it was in everyone's best interest to do so. Council directed Staff to immediately begin removing signs within the right-of-way as required by City Code. It was also directed that Staff develop a process of educating the community about the regulations, and then, after a set date, begin strict enforcement of the Code, proceeding to court to prosecute violators, if necessary. Meanwhile, Staff was directed to review the code to determine if amendments were in order. 2. Minneapolis Residencyequirement Statute Jessen suggested that the City consider requiring residency of City employees, as was proposed in Minneapolis. Councilmembers discussed the advantages and disadvantages of such a policy, determining that no action would be taken at this time, but that the issue should be discussed in an upcoming work session of the Council. 3. LMC Annual Conference • Pidcock reminded the Council and Staff that the League of Minnesota Cities Annual Conference would take place on June 8th, and that she and City Manager Jullie would be attending. City Council Minutes 7 June 1, 1993 4. Complaints Regarding Recreation Registration Process • Pidcock asked about progress in this area. Lambert reported that the changes discussed by Staff at a recent Council meeting were being implemented and said he report progress to the Council. 5. Resident Participation at Council Meetings Anderson discussed making citizen participation in the City's decision-making processes easier, and suggested the Council implement the "open forum" format at one meeting per month to allow for less formal access to the Council by citizens. MOTION: Anderson moved, seconded by Harris, to adopt an "Open Forum" format at the lst meeting of each month, with procedures to be established by City Staff for Council approval. Motion carried unanimously. 6. Midwest Asphalt Plant Anderson reported complaints about the large pile of concrete and asphalt at this facility, noting that the crushing of this material was being heard as early as 6:00 a.m. by residents. Staff was directed to review the issue and report back to Council with recommendations. 7. Southwest Metro Transit (SMT) Progress Report • Pidcock reported that the SMT ridership had increased from 15,000 passengers in 1989 to 33,000 passengers in 1993, representing substantial progress in the development of this service. 8. Southwest Metro Transit Reverse Commute/Job Fair Pidcock reported that 38 cities participated in the Reverse Commute/Job Fair held recently. A total of 341 clients received jobs from that day, with an average salary of$8.00 per hour. Only two jobs were at $5.50 per hour. She added that this was considered a very successful event that would likely be tried again. 9. Ducks Crossing Highways Tenpas stated he had received a letter of concern regarding ducks and ducklings crossing Highway #169, causing traffic hazards, as well as danger to the ducks. He asked for any suggestions about how to make citizens more aware of this situation during this time of year. 10. Planes of Fame Tenpas reported that he had attended the Planes of Fame event held at Flying Cloud Airport. He stated that the planes and the pilots in attendance, including several Congressional Medal of Honor recipients, making for a very successful and interesting event. • City Council Minutes 8 June 1, 1993 • B. REPORT OF CITY MANAGER 1. Organization Mission Statement Jullie presented a Vision and Mission Statement developed by management staff about the City. The statement was prepared to focus and reaffirm the City's efforts in being user-friendly and quality-driven. The Council approved the statement by consensus. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Suburban Hennepin Parks CIP Lambert reported that the CIP for Suburban Hennepin Parks would include three facilities in Eden Prairie, including LRT Trails, Bryant Lake Regional Park Phase I, and a Forest Ranger Facility. He stated that a public hearing would be held Thursday, June 3rd at 5:00 p.m. to discuss the CIP. Anderson said he would attend the meeting with Lambert. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. City Center Project Update Dan O'Brien, architect for the project, gave a progress report on the City Center remodeling. • He also presented entrance designs for the site at Mitchell Road, noting that it incorporated a transit shelter which may be paid for by Southwest Metro Transit. MOTION: Anderson moved, seconded by Hams, to authorize a change order for the entrance design amendments as presented by the architect, in an amount not to exceed$160,000, including any contribution from Southwest Metro for transit station. Motion carried unanimously. O'Brien explained the need to purchase an emergency generator for the site due to the condition of the existing system. MOTION: Harris moved, seconded by Tenpas, to upgrade to a 200 kilovolt emergency generator system in an amount not to exceed $20,658. Motion carried unanimously. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution Awarding Contract for Riverview Heights Improvements, I.C. 93-5320 MOTION: Harris moved, seconded by Pidcock, to adopt Resolution #93-120, awarding the contract for Riverview Heights Improvements, I.C. 93-5320. Motion carried unanimously. XI. OTHER BUSINESS XII. ADJOURNMENT • MOTION TO ADJOURN: Pidcock moved, seconded by Anderson, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 11:30 p.m.