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City Council - 05/17/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 179 1994 8:00 PM, CITY CENTER Council Chamber, 8080 Mitchell Road COUNCI 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, Sara Ruth, Senior Accountant, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 8:00 p.m. Jessen was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1., Discussion on Kent Barker letter: M.A.2., Discussion regarding phone mail: M.A.3., Identification of funds from Bingo operations: XI.A.4., Update on outdoor garden store situation; XI.A.S., Update on Piper Fund; XI.A.6., Commend Stu Fox on his article; M.A.7. Letter regarding bid for telecommunications: XI.A.8., Dr. Harris as featured speaker on MPR. Jullie added item N.P. Awarding the Contract for EPCC Ice Arena Ceiling Painting,, and presented additional information regarding items IV.D. and F. MOTION: Anderson moved, seconded by Harris, to approve the agenda as printed and amended. Motion carried unanimously. H. OPEN PODIUM There were no presentations during this portion of the meeting. M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 1994 Page 4, first paragraph of Item C., Pidcock noted that the correct spelling is "Steve Schwieter". MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the May 3, 1994, Council meeting as amended and submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST City Council Minutes 2 May 17, 1994 B. ADULT FOSTER CARE HOME PROTECT by Fraser Community Services, Inc. 2nd Reading of an Ordinance for Zoning Change from Rural to RM-6.5 on 1.7 acres and Approval of a Developer's Agreement for Fraser Homes by Community Home Program. Location: Pioneer Trail. (Ordinance #15-94, Zoning District Change) C. HUBER FUNERAL HOME by Miller Construction. 2nd Reading of an Ordinance for Zoning District Amendment in the I-2 Park Zoning District on 1.6 acres, and 2nd Reading of an Ordinance for Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District; Adoption of a Resolution Approving Site Plan Review for Huber Funeral Home and Approval of a Developer's Agreement for Huber Funeral Home by Huber Funeral Home. Location: County Road 4 and Cadillac Drive. (Ordinance #16-94, Zoning District Amendment in the 1-2 Park Zoning District and Zoning Code Amendment amending Chapter 11 and Resolution #94-70, Site Plan) D. RESOLUTION #94-71. AMENDING FEE RESOLUTION FOR PARK SHELTER FEES E. RESOLUTION #94-72, APPROVING FINAL PLAT OF JOYLAND (located at the Northwest Quadrant of Queens Trail and Staring Lake Parkway) F. APPROVE MEMORANDUM OF UNDERSTANDING FOR T.H. 212 TOLL ROAD FEASIBILITY STUDY AND AUTHORIZE EXECUTION OF DOCUMENTS G. RESOLUTION #94-73, APPROVING FINAL PLAT OF BELL OAKS ESTATES 5TH ADDITION (located East of Homeward Hills Road and South of Riverview Road) H. RESOLUTION#94-74,APPROVING PLANS AND SPECIFICATIONS FOR DELL ROAD IMPROVEMENTS FROM WEST 82ND STREET TO LE WOOD COURT AND WEST 82ND STREET MPROVEMENTS, I.C. 94-5345 AND I.C. 94-5341 I. 1ST READING OF ORDINANCE TO CHAPTER 2 OF CITY CODE TO INCORPORATE CHANGES FOR ARTS, HERITAGE PRESERVATION, AND ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSIONS J. RESOLUTION #94-75. AWARDING THE CONTRACT FOR SINGLETREE TRUNK WATERMAIN Il"ROVEM ENTS, I.C. 94-5352 K. ACCEPTANCE OF 1993 LIQUOR ENTERPRISE FINANCIAL REPORT L. RESOLUTION #94-76. REQUESTING SPEED STUDY FOR CSAH 4 BETWEEN VALLEY VIEW ROAD AND CSAH 62 M. RESOLUTION #94-77, RECEIVING FEASIBILITY REPORT FOR GOLDEN RIDGE DRIVE E"PROVEMENTS AND SET PUBLIC HEARINGS, I.C. 94-5360 N. RESOLUTION#94-78,AWARDING CONTRACT FOR DELL ROAD(SCENIC HEIGHTS ROAD TO CSAH 1) IMPROVEMENTS, I.C. 94-5312 City Council Minutes 3 May 17, 1994 O. RESOLUTION#94-79. ADOPTING"NO PARKING" FOR SEGMENT OF DELL ROAD, I.C. 94-5345 P. AWARDING THE CONTRACT FOR EPCC ICE ARENA CEILING PAINTING Regarding Item F, Dietz said the revised memo of understanding for the T. H. 212 Corridor Toll Road Feasibility Study reduces the length and complexity of the agreement and allows each of the agencies to have involvement with the Steering Committee. Pidcock asked Dietz to serve as Eden Prairie's representative on the Steering Committee. Dietz agreed. MOTION: Harris moved, seconded by Anderson, to adopt items A. - O. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. 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 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 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) Continued from April 5, April 19, and May 3, 1994 Jullie said proponent has again requested a continuance. MOTION: Pidcock moved, seconded by Anderson, to continue this item to the June 7, 1994, meeting as requested by the proponent. Motion carried unanimously. B. RESURRECTION LIFE MINISTRIES by Resurrection Life Ministries. Request for Comprehensive Guide Plan Change from Community Commercial to Public on 2.8 acres and Rezoning from Community Commercial to Church on 2.8 acres. Location: Off Cadillac Drive. (Resolution for Comprehensive Guide Plan Amendment and Ordinance for Rezoning from Community Commercial to Church) Enger said that, due to a change from Community Commercial to Public zoning, variances will be needed for existing front and side yard setbacks and for retaining the two signs on the building. He said the Planning Commission recommended approval on May 9th by a unanimous vote. Councilmembers expressed concern about the request to retain two signs on the building. Enger said it is not inconsistent with the recommendations; however, it will require a variance. There were no comments from the audience. MOTION: Harris moved, seconded by Anderson, to close the Public Hearing; to adopt Resolution #94-80 for Comprehensive Guide Plan Amendment; to approve 1st Reading of the City Council Minutes 4 May 17, 1994 Ordinance for Rezoning; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. VACATION OF A SCENIC EASEMENT OVER PART OF OUTLOT A. CREEK KNOLLS (Resolution #94-81) Jullie said this is a housekeeping item to vacate an easement that is no longer necessary. There were no comments from the audience. MOTION: Pidcock moved, seconded by Anderson, to close the public hearing and to adopt Resolution #94-91, approving the vacation of a scenic easement over part of Outlot A, Creek Knolls Addition. 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, Pidcock, and Tenpas voting "aye." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF ORDINANCE FOR TOILET FACILITIES AT CONSTRUCTION SITES Per previous direction from the Council, Jullie said Staff has drafted an ordinance that would require sanitation facilities, portable or indoor plumbing toilet facilities, to be available within 500 feet of any construction site. Councilmembers expressed concern about the type of toilet facilities that are required by the ordinance. Pauly said the intent of the ordinance is to address the sanitary regulations involved. MOTION: Anderson moved, seconded by Pidcock, to approve the lst Reading of the Ordinance requiring toilet facilities at construction sites. Motion carried unanimously. B. 1ST READING, ORDINANCE AMENDING REGULATION OF TOBACCO PRODUCTS Jullie reported that, as directed by the Council at the April 5th meeting, Staff has completed a draft ordinance with several restrictions related to the sale of tobacco products and with an annual license fee of$250.00. The increased fee would be effective January 1, 1995, and the major provisions include prohibition of vending machines and prohibition of persons under 18 years of age from selling tobacco-related products. MOTION: Anderson moved, seconded by Pidcock, to approve the 1st Reading of the Ordinance amending Regulation of Tobacco-Related Products, and that Council direct the license fee for selling these products be raised to $250.00 beginning January 1, 1995. Motion carried unanimously. City Council Minutes 5 May 17, 1994 Harris commended Councilmember Anderson for his aggressive pursuit of new regulations for the sale of tobacco-related products which led to this ordinance. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST BY BEV AND BRAD AHO TO DISCUSS STORM SEWER DRAINAGE PROBLEM AT 12742 GORDON DRIVE Bev and Brad Aho, 12742 Gordon Drive, presented a request for the City to remedy problems related to storm sewer drainage on the rear of their property, noting that this request has been revised from their earlier request which was denied by the Council last winter. Mrs. Aho explained that the problem occurs because there is no destination for the storm water drainage, and their proposed remedy provides two alternate means of providing for drainage of storm water. Mr. Aho said that the City changed the natural runoff of the area towards their property when the park was constructed in 1978. Councilmembers expressed concern about setting a precedent for the City assuming liability and responsibility for other homeowners whose back yards are adjacent to wetlands. The Aho's noted that the property was not designated wetlands until the new law enacted in 1992, and it is not located in the floodplain. Councilmembers also expressed concern about repeating the situation where the City was forced to remove material that had been put into property in the Major Center Area when it was determined to be wetlands and asked if the Watershed District would have to approve this project. Mrs. Aho said she did not believe a permit would be needed because the construction is not in the area that is now designated as wetlands. Councilmembers questioned why the pipe was cut off in the middle of the property and why the City is being asked to pay for all costs except for certain of the labor costs. Dietz said that, under today's regulations, we probably would put the same length of pipe; however, we would require a drainage and utility easement for the lowland area. Councilmembers agreed that they would feel more comfortable with additional time to review the request from the Aho's, which would also allow time for the Watershed District to review the situation and the solution proposed by the Aho's. MOTION: Harris moved, seconded by Pidcock, to continue this request to the June 7th meeting. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS A. RECOMMENDATION TO THE HENNEPIN COUNTY BOARD OF COMMISSIONERS FOR THE REAPPOINTMENT TO THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT City Council Minutes 6 May 17, 1994 MOTION: Pidcock moved, seconded by Anderson, to recommend to the Hennepin County Board of Commissioners that Howard Peterson, the incumbent Manager, be reappointed to the Riley-Purgatory-Bluff Creek Watershed District. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCn MEMRERS 1. Discussion on Kent Barker letter In response to Pidcock's question, Jullie said they have received the letter and that Staff will be meeting Thursday or Friday with other cities' representatives and they will see if there is an opportunity for some consensus on a program independent of the League's policy. 2. Discussion regarding phone mail Pidcock asked if the City Manager plans to keep Councilmembers apprised of matters rather than just relying on phone mail. Harris said she saw phone mail as an opportunity to keep informed when she is not readily available for phone calls. 3. Identification of funds from Bingo operations Pidcock asked what is happening to the funds and if the liquor store funds might be an alternative source for social service projects now that the Bingo operations will not be running. Ruth said the funds were set aside for the Human Rights Commission's use and have not been allocated yet, although last year's funds were used to support the YMCA pilot program for a detached worker. Anderson noted that Park and Rec. and the Police Department get some use of the liquor store funds. 4. Update on outdoor garden store situation In response to Pidcock's request for an update, Enger said that Staff has worked up a framework for the ordinance amendment, and they will have preliminary information available at the June 7th meeting for council discussion, after which it will go to the appropriate commissions. 5. Update on Piper Fund Jullie said that John Frane has prepared a brief memo on the fund status. 6. Commend Stu Fox on his article Pidcock said she wanted to commend Stu Fox on his article about balancing urban growth and preservation published in the Minnesota Cities publication. City Council Minutes 7 May 17, 1994 7. Letter regarding bid for telecommunications Pidcock expressed concern that the telecommunications consultant who helped with the design of the current system neglected to advise us to provide the means of videotaping in rooms other than the Council Chamber. Anderson thought it would be desirable to have a mobile operation for some meetings that are not held in the Council Chamber. Tenpas noted that our needs will always be changing, as will the technology available. 8. Dr. Harris as featured speaker on MPR Pidcock commended Dr. Harris for her presentation on MPR about death and rationing health care. B. REPORT OF CITY MANAGER 1. Update on Capital Facilities Program Dave MacGillivray, Springsted, Inc., presented the 1994 update of the City's capital facilities plan. He explained what capital facility projects and property acquisitions are feasible now that the tax formulas and economic conditions have changed since the first plan was prepared in 1990. 2. Approve 1994 1st Quarter Budget Status Report Jullie noted that the 1st Quarter Budget Report has remained essentially unchanged since the April 12th Workshop meeting, but it is now more complete. The 1994 revised budget was $170,000 (less than 1%) greater than the 1994 adopted budget. However, $101,000 of this amount was encumbered from 1993 to 1994. MOTION: Pidcock moved, seconded by Hams, to accept the Budget Status Report and to approve the adjustments as shown. Motion carried unanimously. X11. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Anderson moved, seconded by Pidcock, to close the meeting. Motion carried unanimously. Mayor Tenpas adjourned the meeting at 9:25 p.m.