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City Council - 11/16/1993 MINUTES EDEN PRAIRIE CITY COUNCIL DAY, NOVEMBER 16, 1993 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: 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 Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Tenpas called the meeting to order at 7:35 PM. Jessen arrived late. A moment of silence was observed for Grant Hussey. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Items XI.A.1. Eden Prairie Foundation Event; XI.A.2. Burying of Power Lines South of Dell Road; XI.A.3. Request regarding Key to the City; XI.A.4. Loss of Two Former Members of Commissions; XI.A.5. Skateboarding Request: Jullie added Item IX.C.1. Proposed Swimming Pool at Oak Point Intermediate School: MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended. Motion carried unanimously. U. OPEN PODIUM There were no presentations made during this portion of the agenda. M. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 2. 1993 Pidcock noted that the rebate check she presented was in excess of$55,000, not $50,000. MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City Council meeting of November 2, 1993, as submitted and amended. Motion carried with Harris abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE #43-93, AMENDING CITY CODE REGARDING USE OF BICYCLE WAYS AND RESOLUTION #93-214, APPROVING SUMMARY FOR PUBLICATION City Council Minutes 2 November 16, 1993 C. APPROVAL OF CHANGE ORDER NO. 2 FOR MILLER PARK D. RESOLUTION #93-215 APPROVING FINAL PLAT OF WINDFIELD 4TH ADDITION E. RESOLUTION #93-216. APPROVING FINAL PLAT OF WINDFIELD 5TH ADDITION F. APPROVE CHANGE ORDER NO. 2 FOR CREEK KNOLLS, BLUFFS EAST 12, I.C. 52-194 AND I.C. 52-256 G. APPROVE CHANGE ORDER NO. 1 FOR BERGER DRIVE/LAKESHORE DRIVE,I.C.52-284 H. APPROVE AGREEMENT REGARDING STORM SEWER IMPROVEMENTS AND DRAINAGE EASEMENTS WITH CARL MANSON I. RESOLUTION #93-217, AUTHORIZING SOUTHWEST METRO TO PURCHASE UP TO 22 VEHICLES FOR USE IN ITS SMALL BUSINESS OPERATION J. APPROVAL OF CHANGE ORDER NO. 3 FOR BOULDER WALLS AT MILLER PARK Councilmembers expressed concern about Item C. approving a change order for Miller Park. Lambert said it could not have been reserved from the fees. MOTION: Harris moved, seconded by Anderson, to approve items A. - J. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest corner of Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued from October 19, 1993 MOTION: Harris moved, seconded by Pidcock, to continue this item to the December 7th meeting per petitioner's request. Motion carried unanimously. Jessen arrived at 7:40 P.M. B. BREAM TOWNHOUSES by Bream Builders. Request for PUD Concept Review on 419 acres, PUD District Review on 6.71 acres with waivers, Zoning District Amendment in the RM-6.5 Zoning District on 6.71 acres, and Preliminary Plat of 6.71 acres into 11 lots. Location: West of Dell Road and North of Pioneer Trail. (Resolution for PUD Concept; Ordinance for PUD District Review and Zoning District Amendment in the RM 6.5 Zoning District and Resolution for Preliminary Plat) • Cal Smith, representing proponent, addressed the proposal. Enger reviewed the recommendations of the Planning Commission and Staff. There were no comments from the audience. City Council Minutes 3 November 16, 1993 • Councilmembers questioned what materials would be used for the building exteriors. Proponent and Staff described the materials to be used. MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing, to adopt Resolution #93-218 for PUD Concept approval, and to approve the 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment. Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution #93-219, approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. BENTEC ADDITION II by Bentec Engineering Corporation. Request for Zoning District Amendment within the Office Zoning District on 1.58 acres. Location: 13050 Pioneer Trail. (Ordinance for Zoning District Amendment within the Office Zoning District) Bruce Boyd, representing proponent, addressed the proposal. Enger reviewed the recommendations of the Planning Commission and Staff. There were no comments from the audience. Councilmembers expressed concern about proponent being allowed to begin excavation before the project was presented to the Planning Commission. Enger reviewed the sequence of events leading to the authorization of early excavation under the administrative approval clause in the zoning ordinance. Councilmembers then discussed whether the administrative approval clause should be restructured to include restrictions for its use. The consensus was to retain the flexibility of the basic policy. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment; and to prepare an amendment to the Development Agreement. Motion carried unanimously. VI. 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 Tenpas voting in favor. VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PETITION FROM THE RESIDENTS OF TOPVIEW ADDITION FOR PARK IMPROVEMENT Lambert reviewed the request from residents of the Topview Addition for improvements to Topview Park. The Parks, Recreation & Natural Resources Commission and Staff have recommended that playground equipment which was left at the former Family Education Center be relocated to Topview Park and that the request for a skating rink be denied. There were no comments from the audience. Councilmembers expressed concern about the availability of skating facilities for residents. Lambert i Cty Council Minutes 4 November 16, 1993 said the policy is to have skating facilities available within a roughly two-mile radius and that experience has shown that such facilities should have a warming house and a hockey rink in addition to a skating rink. There is not enough room at this location for such a facility. MOTION: Harris moved, seconded by lessen, to direct Staff to relocate the playground equipment from the old Family Education Center to Topview Park in 1994 and to deny the request for a skating rink at Topview Park. Motion carried unanimously. B. REQUEST BY BEV AND BRAD AHO FOR DRAINAGE IMPROVEMENTS ON PROPERTY AT 12742 GORDON DRIVE 7ullie noted that, after several months of working with Staff, no mutually agreeable resolution in terms of assigning costs for the drainage improvements has been reached. Dietz reviewed the details of the request and the discussions Staff has had with the Aho's over the months. Dietz noted that the area in question is considered wetlands and that the City has no easements over the wetlands area of the property. Brad Aho, 12742 Gordon Drive, described the drainage problem on his property and said his wife and he were not aware of this situation when they bought the property in 1991. He said there is an open culvert on his property that could be a hazard for children. • Councilmembers' concerns included whether there was a possible public health problem caused by contaminants from the runoff, the extent to which the problem reduces the usability of the Aho's property, and the effect that correcting this problem would have on adjoining properties and wetlands. Dietz said it is difficult to quantify the health issues; however the Minnesota Pollution Control Agency has said they are not aware of any public health concerns associated with runoff from this type of area. MOTION: lessen moved, seconded by Anderson, to deny the request for City participation in the costs to correct the drainage problem on the Aho property because the situation was not caused by any action taken by the City nor does it cause a direct and complete lack of use of the property. Motion carried 3-2 with Pidcock and Tenpas opposed. Council directed Staff to remedy the problem with the open culvert on the property. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS &COM IITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS i1. Eden Prairie Foundation Event Pidcock was concerned that Councilmembers donating their services at a dinner for the Eden Prairie City Council Minutes 5 November 16, 1993 • Foundation might represent a violation of the Opening Meeting law. Pauly said it would be considered a social event. 2. Burying of Power Lines South of Dell Road Pidcock asked Staff to check out the situation regarding burying power lines in the area south of Dell Road. 3. Request regarding Key to the City In response to Pidcock's question, Jessen said this has been resolved. 4. Loss of Two Former Members of Commissions Pidcock asked if the widows of the two former Commission members Gerald Hoppe and Howard Kaerwer had been sent condolence messages from the City. Jullie said they had. 5. Skateboarding Request Pidcock said she had received a number of requests from youth who would like to have a place to skateboard. The consensus was that no special facility should be provided; however, the trails can be used for skateboarding. B. REPORT OF CITY MANAGER 1. Set Monday, December 13, 1993, 7:00 PM, for a Joint Meeting of the City Council, Planning Commission. and Parks, Recreation &Natural Resources Commission to discuss planning for downtown MOTION: Anderson moved, seconded by Pidcock, to set Monday, December 13, 1993, at 7:00 P.M. for a joint meeting with the Planning and Parks, Recreation and Natural Resources Commissions regarding downtown Eden Prairie. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Proposed Swimming Pool at Oak Point Intermediate School Lambert reviewed the School District's request for City support for their proposed swimming pool at the Oak Point Intermediate School. He said the Parks Commission voted 6-1 last night to recommend support of the proposal as a way to alleviate some of the problems with crowding in the other pools in the City, with the understanding that this would not be in lieu of the recreational pool that is in our master plan. Councilmembers asked for clarification regarding what was being requested and what the maintenance costs will be. Lambert responded that the School District wants concept approval from the City and an agreement to continue negotiations on the proposal. Lambert said the projections indicate about $100,000 per year for revenue with about $130,000 in operating expenses. City Council Minutes 6 November 16, 1993 MOTION: Jessen moved, seconded by Hams, to continue the negotiations with the School District on the proposed swimming pool at Oak Point Intermediate School. Motion carried unanimously. XH. OTHER BUSINESS X111. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Tenpas closed the meeting at 9:10 p.m.