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City Council - 04/05/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 5, 1994 7:30 PM, CITY CENTER COUNCIL CHAMBER 8080 Mitchell Road COUNCIL MEMBERS: 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 Acting Mayor Anderson called the meeting to order at 7:30 p.m. Mayor Tenpas was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1., Letter from Minneapolis Area Association of Realtors; and Harris added item XI.A.2., Discussion regarding Community Center. MOTION: Harris moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM There were no presentations made during this portion of the meeting. M. MINUTES A. JOINT CITY COUNCIL,PLANNING COMMISSION, AND HUMAN RIGHTS&SERVICES COMMISSION MEETING HELD TUESDAY, MARCH 22, 1994 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the Joint City Council, Planning Commission, and Human Rights & Services Commission meeting of Tuesday, March 22, 1994, as submitted. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY. MARCH 22 1994 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting of Tuesday, March 22, 1994, as submitted. Motion carried unanimously. City Council Minutes 2 April 5, 1994 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION #94-40. APPROVING FINAL PLAT FOR BEARPATH 3RD ADDITION. WITHIN THE BEARPATH PUD C. RESOLUTION #94-41, REQUESTING CSAH 1 SPEED STUDY D. RESOLUTION #94-42 APPROVING FINAL PLAT FOR BEARPATH TRAIL ADDITION WITHIN THE BEARPATH PUD E. RESOLUTION #94-43, APPROVING FINAL PLAT FOR BILL KINNEY SUBDIVISION (LOCATED SOUTH OF HIGHWAY 5 ALONG WESTERN SHORELINE OF MITCHELL LAKE) F. PARTIAL RELEASE OF SPECIAL ASSESSMENT AGREEMENT WITHIN WINDFIELD ADDITIONS 1 THROUGH 3 G. RELEASE OFSPECIALASSESSMENTAGREEMENTSFORJAMESTOWN,JAMESTOWN VILLAS AND BLUESTEM RIDGE 2ND ADDITION H. RESOLUTION #94-44 REGARDING HENNEPIN COUNTY AUTHORITY CROSSING AT BEARPATH I. APPROVE CHANGE ORDER NO. 1 AND NO. 2 FOR BAKER ROAD WATER TANK PAINTING, I.C. 93-5335 J. APPROVE CHANGE ORDER NO. 1 FOR DELL ROAD, I.C. 52-160 K. KOHL'S DEPARTMENT STORE by Homart Development. 2nd Reading of an Ordinance for PUD District Review on 75 acres and Zoning District Amendment in the C-Regional Service Center Zoning District; Adoption of a Resolution Approving Site Plan Review for Kohl's Department Store and Approval of a Developer's Agreement for Kohl's by Homart Development. Location: Dell Road and Highway 5. (Ordinance #8-94-PUD-2-94, for PUD District Review and Zoning District Amendment and Resolution #94-45, Site Plan Review) L. RESOLUTION #94-46, PARTICIPATION IN 1994/95 MINNESOTA CITIES PARTICIPATION PROGRAM (MCPP) M. RESOLUTION #94-47, SETTING MAY 17, 1994 AS THE SALE DATE FOR VARIOUS REFUNDING BONDS Regarding Item E, Anderson asked about the possible donation a small parcel of land on the corner adjacent to Highway 5 to be used as part of a major trail connection close to the lake. Staff was directed to meet with Mr. Kinney to discuss the donation. City Council Minutes 3 April 5, 1994 MOTION: Pidcock moved, seconded by Harris, to approve items A. -M. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. 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 amending Chapter 11) Continued from March 22, 1994 MOTION: Pidcock moved, seconded by Hams, to continue this item to the April 19, 1994, Council meeting as requested by the proponent. Motion carried unanimously. B. TOBACCO REGULATIONS (Continued from March 22, 1994) Staff had assembled background information relating to licensing, consumption, criminal penalties, cigarette vending machines, and initiatives taken by other cities in the metro area: Councilmembers expressed concern over the statistics presented about the large percentage of Eden Prairie school children who smoke or use chewing tobacco, about how fees might be structured to make access to tobacco less available, especially to children and teenagers, and about how parents could be made more responsible in preventing their children from smoking. Sandra Sandell, Associate Director of Non-Smokers of Minnesota, reviewed the Surgeon General's report on tobacco use among young smokers and suggested that the City more actively enforce the regulations that currently exist. June Hagman, video producer, said her business focuses on tobacco prevention videos, adding that it is important to reduce access and point-of-sale advertising. Alston Lundgren, M.D., Eden Prairie Family Physicians, said it is important to reduce access and to raise the level of awareness about the dangers of smoking and the chronic diseases that are caused by the use of tobacco. Police Chief Clark reviewed some of the enforcement procedures that have been used in the City. Clark said we will need to reallocate resources and pull licenses from vendors who violate the ordinances in order to be effective in reducing the problem. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare changes to City regulations and ordinances regarding this matter that would: ban tobacco sales from vending machines; prohibit anyone under 18 years of age from possessing or selling tobacco products; provide for revocation of license for violation of the ordinances; and increase the license fees. City Council Minutes 4 April 5, 1994 lessen said he would like to see enforcement plans and a budget along with the proposed changes so that we can determine the correlation of fees to cost. VOTE ON THE MOTION: Motion carried unanimously. C. RESOLUTION #94-48 APPROVING PROPOSED PROGRAM FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL Staff reported that Eden Prairie's CDBG entitlement for the next year is $187,000, about a ten percent increase over 1993-94. The Human Services Committee and Human Rights & Services Commission reviewed all requests for CDBG funding and recommended City Council approval. It was pointed out that the City is limited to spend no more than 20% ($37,400) of the CDBG allocation on public services. Councilmembers expressed concern about the high number of families in the community that are on the waiting list for child care. Lindahl replied that we do need more money for child care programs; however, only a certain amount of CDBG funding can be set aside for that kind of activity. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to adopt Resolution#94-48, authorizing submittal of the proposed program to Hennepin County for Year XX CDBG funds. Motion carried unanimously. D. JOYLAND by David Kraemer. Request for Zoning District Change from Rural to RI-13.5 on 2.54 acres and Preliminary Plat on 2.54 acres for three single family lots and road right-of-way. Location: 14506 Staring Lake Parkway. (Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for.Preliminary Plat) Terry Schneider, project developer, reviewed the project, noting that they redesigned the driveway shared by two of the three lots in response to Planning Commission concerns regarding sheet drainage onto Staring Lake Parkway. Franzen said the Planning Commission approved the project after it had been revised in response to the Commission's concerns expressed at their February 28th meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by lessen, to close the Public Hearing, to approve the 1st Reading of an Ordinance for Rezoning, to adopt Resolution#94-49, approving the Preliminary Plat, and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 4.93 acres and Preliminary Plat on 4.93 acres for 7 single family lots and 1 City Council Minutes 5 April 5, 1994 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Peter Knaeble, project engineer, reviewed the project. Franzen said the Planning Commission recommended denial at their March 14th meeting,primarily because of concerns regarding wetlands encroachment and the density of the project. Lambert said the Parks Commission reviewed the project on March 21st and also recommended denial of the project due to concern that there was no reason to fill in the wetlands except to get more developable land and concern about locating the NURP pond in the floodplain. He noted that the developer was not present at the meeting. Lambert said proponent asked to bring the project back to the April 4th meeting of the Parks Commission; however, there was no quorum for the meeting so it was cancelled. Scott Wallace, 12465 Sunnybrook Road, distributed a letter outlining his concerns about the project. Claire Hilgeman, 17493 Rustic Hills, Libby Hargrove, 12640 Sunnybrook Road, Lee Smith, 12500 Sunnybrook Road, Cindy and Gerard Wersal, 12645 Sunnybrook Road, and Lovene Russell, 12101 Sunnybrook Road, expressed their concerns about the project, including the impact on the wetlands on their properties, the potential for the mitigation areas to cause flooding on their properties, a five-foot wide sidewalk that was not on the plans, the minimal extent of the road improvements planned by the developer, the fill which had been deposited on the property several years ago, more time for the developer to work with the neighborhood and revise the plans to address some of their concerns. Regarding the fill, Dietz said they have contacted the developer several times about removing the fill; however, Staff has not brought in legal staff to prosecute the matter. Barry Post, property owner, said they have put silt fencing around the fill which was intended to be used to fill in a barn foundation on the property. Regarding the road improvements proposed, Gray said Staff looked at the road issue and decided to avoid doing a Feasibility Study with a compromise whereby the developer would bear the full cost of the road improvements for developing a little over half of the frontage on Sunnybrook. He said this means that the other property owners will not be involved in the costs. Councilmembers expressed concern about the sidewalk, paving the rest of Sunnybrook Road to the west, the sewer and water utilities, locating the NURP pond in the floodplain, the developer not attending the Parks Commission meeting, the location of the wetlands mitigation, and the apparent piecemealing of development in this area. Schneider said the plan was revised to include a sidewalk_ up to the point where the existing street is coming in. Gray said that another project will probably complete the paving of Sunnybrook Road, at which time there would be assessments imposed and the sewer and water utilities would be extended; however, at this time there are no plans for additional development in the area. He also said there are many instances of NURP ponds within the wetland areas along Purgatory Creek, and the Watershed City Council Minutes 6 April 5, 1994 District review indicated that the impact of the project on the water level would be considerably less than six inches. Regarding the mitigation area, Jerry Carroll, project attorney, noted that it is not possible to locate the mitigation area on this particular site and that the mitigation area has not yet been finalized. MOTION: Jessen moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. Councilmembers discussed the benefits of redesigning the project to a lower density in order to avoid filling the wetland areas and reducing the costs of the road and utility improvements for the developer by the City assuming some of the costs as a public improvement. MOTION: Jessen moved, seconded by Harris, to reconsider the motion to close the Public Hearing. Motion carried unanimously. RECONSIDERED VOTE ON THE MOTION TO CLOSE THE PUBLIC HEARING: Motion failed unanimously. MOTION: Pidcock moved, seconded by Harris, to continue the Public Hearing to the April 19th meeting. Motion carried unanimously. F. PIONEER RIDGE by R. H. Development, Inc. Request for Zoning District Change from Rural to R1-13.5 on 6.9 acres and Preliminary Plat on 6.9 acres for 16 single family lots. Location: Mitchell Road and Pioneer Trail. (Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) John Helmer, representing R. H. Development, noted that, after the Planning Commission review, they revised their original plan to remove the street connection to Corral Lane thereby eliminating the proposed cul-de-sac and gaining an additional lot. Bob Gartner, 15769 Cedar Ridge Road, said he has concern about the size of the lots that are contiguous to his neighborhood since the planned lots are smaller than those that currently exist along Corral Lane. Councilmembers expressed concern about the impact of the proposed street development in this area on the future improvements to County Road 4, and the relatively large size of Lots 5 and 6. Gray said the plan for improvements to County Road 4 shows most of the changes occurring south of County Road 1. Helmer said Lots 5 and 6 are larger in order to provide a buffer on Pioneer Trail and to provide space for a NURP pond. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to approve the lst Reading of the Rezoning Ordinance; to adopt Resolution #94-50, approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, with the understanding that Lots 1, 2, and 3 would be removed and incorporated into two lots along Corral Lane. Motion carried unanimously. City Council Minutes 7 April 5, 1994 Helmer noted that they would be agreeable to the reduction in lot numbers; however, he requested that similar requirements be considered when the parcels on both sides of this project are developed. G. RICHARD THOMPSON ADDITION by Richard Thompson. Request for Preliminary Plat on 1.4383 acres for 2 lots. Location: 6387 Craig Drive. (Resolution for Preliminary Plat) Richard Thompson, owner, said the existing house will be sold and a house will be built on the new driveway. Franzen said the Planning Commission reviewed the project on March 14th and recommended approval on a 5-1-0 vote, with the request that the Engineering Staff meet with neighbors to discuss their concerns about drainage in the area. Dietz said Staff met with neighbors in the area to discuss their concerns about the ground water situation in the area where some springs are surfacing; however, this project will not impact the surface water conditions in the neighborhood. He said the Watershed District will have to issue a permit and there will be some wetland mitigation involved. Doreen Seal, 6368 Chandler Court, said she wants to be sure a culvert is put under the driveway along the south side of the lot and that the lot itself will now be cared for. She also said they will be petitioning for a street light. Councilmembers expressed concern about the driveway going across the wetlands area of the lot and whether there should be an easement on the balance of the lot for wetlands protection. Dietz said the maximum amount of fill proposed is two feet with a culvert at the lowest point, noting that Staff believes the highest and best use of this property is as a driveway. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; and to adopt Resolution #94-51, approving the Preliminary Plat. Motion carried unanimously. VI. PAYMENT OF CLAIMS Jessen questioned Item 19956 to the Minnesota Dept. of Revenue for safe drinking water testing fees. Dietz said this fee is set at $5.30 per customer per year in order to average out the costs to all communities. 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, and Pidcock voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST BY GERTEN FARM MARKET H FOR COUNCIL TO REVIEW BOARD OF ADJUSTMENTS & APPEALS TO DENY VARIANCE Staff reported that Gerten Farm Market H was requesting the Council to reverse the action of the Board of Adjustments & Appeals regarding a variance to place a temporary plastic-wrapped City Council Minutes 8 April 5, 1994 greenhouse in the Menard's parking lot. The Board voted to deny the variance on a 3-3 vote. City Code allows an outside sales area of up to 10% of the base area of the principal building. The Menard's site currently has a variance of approximately 60% for outside merchandise. John Gerten, proponent, said this request is for a portable green house, noting that the Board of Appeals was evenly split on their vote. There were no comments from the audience. Councilmembers were concerned that granting this request would be inconsistent with the enforcement of regulations for other businesses in the City. MOTION: Jessen moved, seconded by Pidcock, to affirm the decision of the Board of Adjustments and Appeals. Motion carried unanimously. The Council directed Staff to bring back recommendations for revising ordinances relating to temporary seasonal sales. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS A. APPOINTMENT OF TWO COUNCILMEMBERS TO HOUSING AND SOCIAL SERVICES STUDY GROUP MOTION: Harris moved, seconded by Pidcock, to appoint Anderson and Jessen to represent the City Council on the Housing and Social Service Study Group. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Letter from Minneapolis Area Association of Realtors Pidcock noted that, according to their letter, the Minneapolis Area Association of Realtors now have the new regulations regarding signs in Eden Prairie in their information source magazine. 2. Discussion regarding Community Center Harris suggested that this be put on the agenda for another meeting, probably after the Parks Commission has considered the expansion. Jessen said that, after giving some additional thought to the issue of tobacco use by Eden Prairie youth, he would like to suggest that all participants in City-wide youth activities sign a tobacco- free pledge when they register. Other Councilmembers concurred. City Council Minutes 9 April 5, 1994 B. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution #94-52, Awarding Contract for 1994 City Street Striping. I.C. 94-5354 MOTION: Jessen moved, seconded by Hams, to adopt Resolution #94-52, awarding the contract for 1994 Street Striping, I.C. 94-5354, to AAA Striping Service Company. Motion carried unanhnously. 2. Resolution #94-53, Awarding Contract for 1994 Fire Hydrant Painting, T.C. 94-5355 MOTION: Jessen moved, seconded by Harris, to adopt Resolution #94-53, awarding the contract for 1994 Fire Hydrant Painting, I.C. 94-5355, to Abhe & Svoboda, Inc. Motion carried unanimously. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Harris, to adjourn the meeting. Acting Mayor Anderson adjourned the meeting at 11:00 P.M.