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City Council - 03/22/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 22, 1994 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 ROLL CALL Mayor Tenpas called the meeting to order at 7:34 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson added item M.A.I., Reconvene Housing Task Force; item M.A.2., Speed Limits on Coun1y Road 1. Harris added item M.A.3., Response to Communication from Met Council regarding 800 MHz Emergency Communication System. Jessen added item M.A.4., Policv Regarding Take-home Automobiles. Tenpas added item M.A.S., Firefighters" Pension. Dawson added item W.K., Resolution #94-36. Approving Final Plat for Bent Creek Woods; item M.D.1., Update on Property Negotiations regarding Marketcenter. Dawson also noted that the City Attorney has requested a closed session following the regular meeting to discuss litigation. MOTION: Pidcock moved, seconded by Harris, to approve the agenda as submitted and amended. Motion carried unanimously. H. OPEN PODIUM There were no presentations made during this portion of the meeting. III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8. 1994 MOTION: Anderson moved, seconded by Pidcock, to approve the minutes of the March 8, 1994, meeting as submitted. Motion carried with Harris abstaining. City Council Minutes 2 March 22, 1994 IV.CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2. SECTION 2.16, SUBD. 1 RELATING TO ESTABLISHMENT AND COMPOSITION OF HUMAN RIGHTS &SERVICES COMMISSION C. BENT CREEK RESIDENTIAL by Bent Creek Development Corporation. 2nd Reading of an Ordinance for Planned Unit Development District Review with waivers on 58.8 acres for 111 housing units, Rezoning from Rural to RM-6.5 on 102 acres for 20 twinhomes, Rezoning from Rural to R1-13.5 on 34.72 acres for 60 single family homes, Rezoning from Rural to R1-9.5 on 13.13 acres for 31 single family homes and Approval of a Developer's Agreement for Bent Creek Residential. Location: North of Valley View Road and west of Bent Creek Golf Course. (Ordinance #7-94-PUD-1-94, PUD District Review and Rezoning from Rural to RM 6.5, Rezoning from Rural to R1-13.5, Rezoning from Rural to R1-9.5) D. CHANGE ORDER NO. 2 FOR HVAC IMPROVEMENTS AT THE COMMUNITY CENTER SW MAILING POOL E. RESOLUTION #94-31, APPROVING FINAL PLAT FOR BEARPATH SECOND ADDITION F. RESOLUTION #94-32, APPROVING FINAL PLAT FOR BEARPATH TOWNHOMES G. RESOLUTION#94-33, AWARDING CONTRACT FOR 1994 STREET SWEEPING, I.C. 94-5346 H. CONVEYANCE BY QUIT CLAIM DEED-RIGHT-OF-WAY FOR SCHOOL ROAD TO ISD 272 I. RESOLUTION #94-34, APPROVE PLANS AND SPECS FOR DELL ROAD BETWEEN CSAH 1 AND SCENIC HEIGHTS ROAD I.C. 93-5312 J. RESOLUTION#94-35, ADOPTING "NO-PARKING" FOR SEGMENT OF DELL ROAD BETWEEN CSAH 1 AND SCENIC HEIGHTS ROAD I.C. 93-5312 K. RESOLUTION #94-36, APPROVING FINAL PLAT FOR BENT CREEK WOODS Regarding Item I, Jessen questioned whether the street and boulevard were included in the plans and specifications per the Council's instructions. Gray said that these plans do not include the final landscaping details which are still being worked out and that they will bring back a more detailed plan with landscaping details at a later meeting. Gray said that $30,000 is proposed as a budget for the landscaping and that a portion of state aid funds will be used. MOTION: Harris moved, seconded by Pidcock, to approve items A. - K. of the Consent Calendar as presented. Motion carried unanimously. City Council Minutes 3 March 22, 1994 V. PUBLIC HEARINGS/MEETINGS A. KOHL'S DEPARTMENT STORE by Homart Development. Request for PUD Concept Review on 75 acres, PUD District Review on 75 acres with waivers for exterior building materials, Zoning District Amendment in the C-Regional Service Center Zoning District. Location: East side of Eden Prairie Center. (Resolution for PUD Concept, 1st Reading of Ordinance for PUD District Review and Zoning District Amendment in the C-Regional Service Center Zoning District) Paul Austin, representing Homart Development, reviewed the proposal and introduced the development team. He said they plan to begin construction in April. At 7:50 p.m. Mayor Tenpas turned the Chair over to Acting Mayor Anderson. Councilmembers expressed concern about the waivers required for the exterior building materials and the possibility that lowering the standards for this project might set a precedent for other projects in the Major Center Area. Councilmembers also questioned what the future expansion plans are for the shopping center and if the expansion would be near this project. Austin said a future store is planned that would, in effect, eliminate the back wall of Kohl's, thereby leaving only one wall with rock-faced block material exposed. There were no comments from the audience. MOTION: Harris moved, seconded by Jessen, to close the public hearing, adopt Resolution #94-38 approving PUD Concept on 75 acres, approve first reading of an ordinance for PUD District Review on 75 acres with waivers for exterior building materials, and Zoning District Amendment in the C-Regional Service Center Zoning District, and directing Staff to prepare a development agreement incorporating Council, Commission, and Staff concerns. Motion carried unanimously. B. HUBER FUNERAL HOME by Miller Construction. Request for Zoning District Amendment in the I-2 Park Zoning District on 1.6 acres and Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District. Location: County Road 4 and Cadillac Drive. (Ordinance for Zoning District Amendment in the 1-2 Park Zoning District and Zoning Code Amendment) Dawson said proponents have requested a two-week continuance. Mayor Tenpas resumed the Chair at 8:15 p.m. MOTION: Jessen moved, seconded by Pidcock, to continue the public hearing to the April 5, 1994 meeting. Motion carried unanimously. C. RESOLUTION #93-37, ORDER ]WROVEMENTS AND PREPARE PLANS AND SPECIFICATIONS FOR WEST 82ND STREET, I.C. 93-5341 Gray reviewed the proposed assessments for the improvements to West 82nd Street, noting that City Council Minutes 4 March 22, 1994 the Feasibility Study for the project was reviewed by the Council on February 15, 1994. A subsequent review of the study revealed an error in the estimated amount for street construction resulting in costs that are now lower than originally reported. Gray said that four of the five property owners involved are opposed to it Larry Martin, attorney for the four property owners opposed to the project, distributed a letter objecting to the project, noting that they object to the form of the assessments applied to the units and that they would prefer that access to the Centex project be provided through Cascade Drive or Dell Road rather than West 82nd Street. He said the street assessment does not take into consideration the improvements that currently exist there, and the existing private sewer and septic systems are quite new so the owners would probably not want to hook up to the sewer and water at the end of the five year levy postponement He also said that they are concerned about the approval process for the Centex project since these four property owners did not receive notice about how that project would impact West 82nd.. Councilmembers expressed concern about potential problems selling the properties with pending assessments for this project and about the property owners not receiving proper notification of the impact on their property of the Centex project. Gary Eckert, 18230 West 82nd Street, said the City told them they would have to pay for the existing road when they moved into the area. He said they paid$8,000 to$10,000 for the road, and their septic systems and wells cost an additional$10,000 to $15,000 for each property. He said they believe Centex alone should pay for the improvements. Dan Blake, representing Centex Homes, said that they have started grading in the area and that the final plat for the project was approved sometime in the last month. Gray suggested that the costs for the sewer and water portion of the project could be carried by the City until such time as the lots are subdivided or are hooked up to sewer and water. He said this would appear as supplemental information on the property rather than as a pending assessment for the utilities. Martin said the property owners would agree to the portion of the assessment for the street improvements if they were given a$2,000 per lot credit for their investment in the current road, thereby reducing the total assessment per lot for the street improvements to about $4,000. Councilmembers questioned why the City had asked the homeowners to pay for the road in the first place. Gray responded because this was an undeveloped area and the farm property to the south could not use the road at that time. MOTION: lessen moved, seconded by Harris, to close the public hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to adopt Resolution #94-37, ordering preparation of detailed plans and specifications for West 82nd Street. Motion carried unanimously. City Council Minutes 5 March 22, 1994 MOTION: lessen moved, seconded by Harris, to note that the sense of the City Council is that the current property owners will be assessed the one lot unit rate for the street improvements and that there will be no assessment at this time for the sewer and water utilities for those properties to the north of West 82nd Street. Motion carried unanimously. D. SIGN CODE DISCUSSION (Continued from March 8, 1994) Enger noted that this item was continued to allow time for all interested groups to be notified of the Public Hearing. He said the Staff has presented the background information and issues to be considered in the staff memorandum of March 3, 1994. Bill Gerst, Minneapolis Area Association of Realtors, said the association's policy is to ask the local realtors to follow the local ordinances regarding signs. He said the primary concern is for Open House signs. Phil Olson, 18543 Harrogate Drive, said he is in favor of Option 4 as a compromise. Dan Blake, representing Centex Homes, said they would concur with Option 4; however, he said there needs to be a commitment to enforce the ordinances that exist, and he thought some kind of permitting process might make sense. Mary Hawks, Centex Homes, said she thought that the discussion at the last meeting resulted in an agreement to change Option 4 to allow the Project Sign Number to be 5 signs per unit up to 15, and that T-stake signs would be allowed. Bill Byrnes, 9189 LaRivier Court, said he thought Option 3 would be preferable and that the City should assess a 0.1 % permit fee for signs. He said the signs allowed should only announce an open house and not advertise a particular realtor. MOTION: Harris moved, seconded by Pidcock, to close the public hearing. Motion carried unanimously. MOTION: Hams moved, seconded by Pidcock, to direct Staff to proceed with the development of Sign Code regulations based on Option 4 of the Staff Memorandum and to return to Council with their recommendations. During discussion of the motion, it was suggested that the time allowed for sign placement be changed to 6:00 PM Friday to 6:00 AM Monday. VOTE ON THE MOTION: Motion carried unanimously. E. TOBACCO REGULATIONS Dawson said that notices of the hearing were inadvertently not sent out, so Staff is recommending a two-week continuance. City Council Minutes 6 March 22, 1994 Anderson expressed concern that he had informed residents who are interested in this item that it would be considered at tonight's meeting because he was not informed that the notices were not sent. MOTION: Jessen moved, seconded by Pidcock, to continue the public hearing to the April 5, 1994 meeting. Motion carried unanimously. VI. PAYMENT OF CLAIMS Pidcock asked Staff to provide her with information on Items 19540, 19559 and 19848. 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 " VII. ORDINANCES AND RESOLUTIONS VIII.PETITIONS, REQUESTS AND COMMUNICATIONS A. RMUEST BY GERTEN FARM MARKET II FOR COUNCIL TO REVIEW BOARD OF ADJUSTMENTS & APPEALS DECISION TO DENY VARIANCE Staff recommended that this request by set for the April 5, 1994 meeting. MOTION: Harris moved, seconded by Tenpas, to continue the request to the April 5, 1994 meeting. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Reconvene Housing Task Force Anderson said he thought the task force should be reconvened in order to investigate the needs for low income housing in the community and to determine what methods are available to meet those needs. He said the subjects of transportation and medical care for low-income individuals will probably enter into the discussions of the task force. Councilmembers discussed what the composition of the task force should be and whether an existing body such as C.N.A.R.C. could be assigned the task. MOTION: Anderson moved, seconded by Harris, to set up a task force to study issues of housing, transportation and medical care for low-income individuals, with the task force City Council Minutes 7 March 22, 1994 to be made up of two members from the Council, two members from the Planning Commission, two members from the Human Rights & Services Commission and one member from the Park, Recreation and Natural Resources Commission. Motion carried unanimously. 2. Speed Limits on County Road 1 Anderson said he thought we need to pursue the issue of lowering speed limits on County Road 1. Jullie said the process will involve adopting a resolution and presenting a petition to the Hennepin County Commissioners. 3. Response to Communication from the Met Council regarding 800 MHz Emergency Communication System Harris asked what the response will be to the communications from the Met Council. 4. Policy Regarding Take-home Automobiles Jessen asked for a response to his question at the March 8th meeting regarding the number of take-home vehicles. Jullie said there are five. Jessen then asked how many individuals on Staff have a car allowance. Jullie replied that the department heads receive such an allowance. 5. Firefighters' Pension Tenpas said he was concerned that the State has denied our request to increase the fund even though we are not asking for funds from the State. He said he thought the Legal Staff should investigate the State's denial, and we should send a strong letter to the Attorney General expressing our dismay at the denial. B. REPORT OF CITY MANAGER 1. Discussion on Rental Fees for City Center Facilities (Continued from March 8, 1994) Jullie noted that the survey requested by the Council of groups that have used the facilities showed that the respondents were generally satisfied with the facilities and the current policies on their use. Councilmembers discussed the advantages of having the room rental charge included with the charges for food service and the possibility of adding retractable walls in the Garden Room so that facility could better accommodate small groups. Jullie said we would have to look at the figures in order to determine if it would work out; however, it would allow more flexibility and we might then be able to have the food service take care of the room set-up and take-down. City Council Minutes 8 March 22, 1994 MOTION: Jessen moved, seconded by Tenpas, to direct Staff to modify the City Center Room Rental Fee Structure in order to incorporate the cost of a room rental charge into the food service charge. Motion carried unanimously. C. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Update on Property Negotiations regarding Marketcenter Enger said they have received an offer from Centrum for the construction of three restaurants and specialty retail on the Marketcenter 2nd Addition site. He said the price offered is consistent with the Council's goal of recovering all City costs in the project. MOTION: Anderson moved, seconded by Pidcock, to authorize Staff to enter into an agreement with Centrum for the sale of the 5.5-acre Marketcenter 2nd Addition site. Motion carried unanimously. XH. OTHER BUSINESS XHLADTOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 10:30 P.M.