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City Council - 06/21/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUKE 219 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL I EMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J.Jullie, 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 7:30 p.m. All members were present. RECOGNITION OF SIXTH GRADERS FROM THE ENVIRONMENTAL KIDS CLUB Mayor Tenpas acknowledged the efforts of the sixth graders from the Environmental Kids Club in raising over $800 to be used by the Parks Department. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Hams moved, seconded by Pideock, to approve the agenda as submitted. Motion carried unanimously. II. OPEN PODIUM There were no presentations made during this portion of the agenda. M. MINUTES Minutes from the June 14th meeting were not available for action. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AUTHORIZING RIGHT-OF-WAY ACQUISITION FOR COMPLETION OF OLD SHADY OAK ROAD CONNECTION TO SHADY OAK ROAD City Council Minutes 2 June 21, 1994 C. RESOLUTION#94-93, SETTING JULY 19, 1994 AS THE SALE DATE FOR $1 950,000 OF PARK OPEN SPACE BONDS, $1,200,000 OF EQUIPMENT CERTIFICATES, AND $6,265,000 OF BUILDING REFUNDING BONDS D. PIONEER TRAILS by Hustad Development. 2nd Reading of Ordinance for Rezoning from Rural and R1-22 to RM-6.5 on 8.28 acres and Approval of a Developer's Agreement for Pioneer Trails by Hustad Development. Location: 10781 Pioneer Trail (Ordinance#22-94, Rezoning from Rural and R1-22 to RM 6.5) E. RESOLUTION#94-94, RECEIVING PETITION FOR WATERMAIN IMPROVEMENTS TO DELL ROAD, I.C. 93-5312 F. RESOLUTION#94-95, APPROVING FINAL PLAT OF PIONEER TRAILS (located at the Southwest Quadrant of Blossom Road and Pioneer Trail) G. RESOLUTION #94-96, APPROVING FINAL PLAT OF PIONEER RIDGE (located west of Mitchell Road and north of Pioneer Trail) MOTION: Pidcock moved, seconded by Anderson, to approve items A. - G. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SIGN CODE DISCUSSION (Ordinance) (continued from March 8, 1994, June 7, 1994, and June 14, 1994) Jullie said this item was continued from the June 14th meeting because four affirmative votes were not possible as Councilmember Pidcock indicated she would abstain and Councilmember Jessen was absent. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing. Motion carried unanimously. Councilmembers expressed concern that all sides of this issue may not have had equal opportunity to express their opinions and that previous discussions had tended towards allowing only directional signs. Enger said a Public Hearing was the forum chosen for the discussions rather than a committee study like the Deer Study, and he believed there has been time for adequate airing of the issues. Pauly added that restricting the content of signs gets into the area of freedom of speech. Councilmembers questioned what the penalty would be for violation of the proposed ordinance. Pauly said it would be a misdemeanor with a maximum 90-day jail term or$700 fine; however, the court would probably never impose the maximum sentence for such an offense. MOTION: Harris moved, seconded by Anderson, to approve the 1st Reading of the Ordinance amending the Sign Code as presented. City Council Minutes 4 June 21, 1994 MOTION: Pidcock moved, seconded by Harris, to continue the discussion to an open item on the agenda to allow proponent time to confer with Staff. Motion carried unanimously. C. ORDINANCE AMENDING THE CITY CODE RELATED TO OUTDOOR SALES AND DISPLAYS Referring to the three draft ordinances, Staff noted that all three reduce the amount allowed for temporary use to 2% with different time limits set for the temporary use. Councilmembers asked if this applied only to properties within the commercial district and the meaning of the block labelled parking lot/building setback location. Staff responded that this deals only with commercial sales, and the last block indicates the amount of outside display allowed in the parking lot areas or the building setback areas. There were no comments from the audience. The consensus of the Councilmembers was for draft Ordinance C with modifications to the Parking Lot/Building Setback Location block. MOTION: Harris moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. MOTION: Harris moved, seconded by Anderson, to direct Staff to draft amendments to the proposed ordinance relating to outdoor sales and displays and forward the proposed ordinance to the Planning Commission for their review and recommendations. Motion carried unanimously. Jessen asked if the intent is to deal with the non-commercial areas as well. Enger said the Council had directed Staff to draft an ordinance with regard to the commercial district, and the feeling was that we have adequate restrictions within the code to deal with new farmers' markets within the rural district. Tenpas asked Staff to clarify this in the F.Y.I. and put the item on the agenda in a month. D. RESOLUTION #94-97, ORDERING IlVIPROVEMENTS AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR GOLDEN RIDGE DRIVE, I.C. 94-5360 Staff reviewed the Feasibility Study for Street and Utility Improvements in the Golden Ridge Drive neighborhood which was conducted in response to a petition from five of the property owners. Based on input from a recent neighborhood meeting, some changes to the scope of improvements were discussed. The major change was to reduce the extent of gravity sanitary sewer lines to the neighborhood in order to preserve some of the existing trees along the street, and to have some properties served by private grinder pumps. Subsequent revisions to the proposed assessments were also explained by Staff, including a possible reduction in the assessment for those lots that would require the private grinder pumps. City Council Minutes 5 June 21, 1994 Councilmembers questioned the maintenance required for the private grinder pumps and whether the line could go out the other end of the street. Gray responded that there are a number of these units throughout Eden Prairie, generally lasting 12-15 years with some maintenance required, and that going out the other end would head it toward the Wooddale Church parking lot. Jo McKee, 6612 Golden Ridge Drive, said she had not had enough time to prepare for this as she just heard about it on May 17th and she would prefer to have the project done next spring. Clarence Schaefer, 6618 Golden Ridge Drive, was extremely concerned about preserving the large canopy of oak trees that cover the road. Gray said the original plan for a deep gravity sewer would affect six trees; however, the shallow pipe would result in the trees being trimmed but would cause less root damage. Councilmembers asked whether clauses could be put in the contract to safeguard against damage to the trees. Gray said it would be difficult to quantify; however, we could specify tree protection such as erosion control. Mark Zierdan, potential purchaser of 6622 Golden Ridge Drive, said he will buy the property and is in favor of the development; however, he thought more time should be taken to study the impact of the project. Vicki Windfeldt, 6621 Golden Ridge Drive, said she has one of the properties that will require the grinder pump and she was concerned about its affect on her property value. Dietz said we would not reassess in those areas but would watch trends. Dietz suggested that an additional$1,000 could be added to those properties that would have the grinder pump as a present worth maintenance value to help defray the costs of maintenance. MOTION: Harris moved, seconded by Pidcock, to close the public hearing and adopt Resolution #94-97, ordering improvements for the Golden Ridge Drive project, I.C. 94-5360, with the understanding that construction would be delayed to allow time for proper consideration of the needs and concerns as expressed by the neighborhood residents. Motion carried unanimously. The Council then readdressed Item V. B. B. 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 Item from 4/5/94, 4/19/94, 5/3/94, 5/17/94, and 6/14/94 Peterson asked the Council to table the decision so that proponent, with the assistance of City Staff, can get further input from the Watershed District on the issues of what will be regulated City Council Minutes 6 June 21, 1994 and what will not be regulated, and if the area actually is a wetlands area. MOTION: Pidcock moved, seconded by Harris, to table the discussion to July 5th to give proponent time to gather additional information. 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 "aye " VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION #94-98, AUTHORIZING FEASIBILITY STUDY FOR SUNNYBROOK ROAD WEST OF HOMEWARD HILLS ROAD IN SECTION 23 During the discussion of the Purgatory Creek Estates and Creekview Acres lst subdivisions at the June 14th Council meeting, the possibility of improving the Sunnybrook Road area(west of Homeward Hills Road) with utilities and a paved street was raised. Dietz said a Feasibility Study is required in order for this process to proceed, noting that each step of the process will require four affirmative votes because the project was not by petition, and the study will identify the exact costs and benefits which will then be presented at a Public Hearing. There were no comments from the audience. MOTION: Anderson moved, seconded by Harris, to adopt Resolution #94-98, authorizing preparation of a Feasibility Study for Improvements for Sunnybrook Road west of Homeward Hills Road. Motion carried unanimously. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. STORMWATER DRAINAGE PROTECT-BEV AND BRAD AHO REQUEST (Continued from May 17, 1994) Jullie reported that Staff has continued to work on alternative solutions to the Aho situation and has recommended a solution to the stormwater drainage concerns on the Aho property and adjacent land, as outlined in the June 16th memorandum to the Council. It is reasonable to relate this project to the goals of our new stormwater utility because it offers potential benefits to the quality of water in Bryant Lake. Councilmembers expressed agreement with the project being included in the storm water correction project. MOTION: Harris moved, seconded by Pidcock, to approve of the project for the Aho property as proposed by Staff and authorize use of approximately$12,000 from the stormwater utility as the source of funds for this project. Motion carried unanimously. City Council Minutes 7 June 21, 1994 IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS A. SOUTHWEST METRO TRANSIT COMMISSION 1. Appointment of 1 citizen member to the Southwest Metro Transit Commission to fill an unexpired term to 12/96 Dennis Wasylyk was nominated to fill the unexpired term on the Southwest Metro Transit Commission. MOTION: Pidcock moved, seconded by Harris, to appoint Dennis Wasylyk to fill the unexpired term ending December, 1996, on the Southwest Metro Transit Commission. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PUBLIC WORKS 1. APPROVE PURCHASE AGREEMENT FOR RAY N. WELTER, JR. LAND,, APPROVE LOAN AGREEMENT WITH METROPOLITAN COUNCIL AND AUTHORIZE MAYOR AND MANAGER TO EXECUTE AGREEMENT Dietz reported that on May 31st, the City and Mr. Welter agreed upon terms to be included in an agreement for purchase of his property along Technology Drive. This property would become the site for the Southwest Metro Transit hub. Funding for the acquisition and improvements would come through the RALF program administered by the Metropolitan Council and the Federal ISTA appropriation administered by the MnDOT. Dietz said he is requesting confirmation of the purchase agreement and approval of the loan agreement . There were no comments from the audience. MOTION: Jessen moved, seconded by Harris, to approve the purchase agreement for the Ray N. Welter, Jr., land along Technology Drive, and to authorize the Mayor and City Manager to execute the purchase agreement for the property for purposes of development of the Southwest Metro Transit hub. Motion carried unanimously. MOTION: Pidcock moved, seconded by Jessen, to approve the loan agreement with the Metropolitan Council. Motion carried unanimously. City Council Minutes 8 June 21, 1994 XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to close the meeting. Mayor Tenpas adjourned the meeting at 9:40 p.m.