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City Council - 07/19/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 19, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNC111VIFMRERS: 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 PauIy, 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. AWARD SALE OF BONDS: Jerry Shannon, representing Springsted, Inc.,presented a tabulation of the bids that were opened earlier today. A. $1,200,000 IN EQUIPMENT CERTIFICATES MOTION: Anderson moved, seconded by Harris, to adopt Resolution #94-105, awarding the sale of the bonds for $1,200,000 in Equipment Certificates as recommended. Motion carried unanimously. B. $1 950,000 IN PARK AND OPEN SPACE ACQUISITION MOTION: Anderson moved, seconded by Harris, to adopt Resolution #94-106, awarding the sale of bonds for $1,950,000 in Park and Open Space Acquisition as recommended. Motion carried unanimously. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson added items XI.A.1.PHONE CALLS REGARDING BOARD OF APPEALS MEETING; XLA.2. BRYANT LAKE PARK; XI.A.3. B.F.I. OFFER FOR REUTER. Pideock added items XI.A.4. WATER RATIONING; XI.A.5. TRAILS; XI.A.6. BOARD OF REVIEW. City Council Minutes 2 July 19, 1994 Jullie added items IV. E. RESOLUTION #94-109, AUTHORIZING APPLICATION FOR DNR GRANT FOR MINNESOTA RIVER BLUFF PRESERVATION and IV.F.RESOLUTION#94-110, APPROVING LAWS 1994, CHAPTER 6119 SECTION 31 AND AUTHORIZING CITY CLERK TO FILE A CERTIFICATE OF APPROVAL; and XLEA. AGREEMENT WITH U.S. WEST REGARDING PHONE EQUIPMENT AT BAKER ROAD WATER TOWER SITE. MOTION: Anderson moved, seconded by Hams, to approve the agenda as submitted and amended. Motion carried unanimously. H. OPEN PODIUM There were no presentations during this portion of the meeting. III. 1VIINUTES A. JOINT PARKS, RECREATION & NATURAL RESOURCES COMMISSION/CITY COUNCIL MEETING HELD TUESDAY, JUKE 21, 1994 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the Joint Parks, Recreation and Natural Resources Commission/City Council meeting of June 21, 1994, as submitted. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, JULY 5. 1994 MOTION: Harris moved, seconded by Anderson, to approve the minutes of the City Council meeting of July 5, 1994, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CREEKVIEW ACRES 1ST ADDITION by Nedal Y. Abul-Haff. 2nd Reading of an Ordinance for Rezoning from Rural to R1-13.5 on 3.46 acres and Approval of a Developer's Agreement for Creekview Acres 1st Addition by Nedal Y. Abul-Hall. Location: 12675 Sunnybrook Road (Ordinance #25-94, Rezoning from Rural to R1-13.5) C. RESOLUTION#94-107, APPROVING COOPERATIVE AGREEMENT FOR RAILROAD CROSSING SURFACE AND SIGNAL IMPROVEMENTS ON THE SOUTH FRONTAGE ROAD OF CSAH 62, I.C. 52-173 D. RESOLUTION #94-108, APPROVING FINAL PLAT FOR CREEKVIEW ACRES 1ST ADDITION (located at the southeast corner of Sunnybrook Road and Creek Knolls Road) E. RESOLUTION #94-109, AUTHORIZING APPLICATION FOR DNR GRANT FOR MINNESOTA RIVER BLUFF PRESERVATION F. RESOLUTION #94-110, APPROVING LAWS 1994, CHAPTER 611, SECTION 31 AND City Council Minutes 3 July 19, 1994 AUTHORIZING CITY CLERK TO FILE A CERTIFICATE OF APPROVAL FOR EIGHT ADDITIONAL LIQUOR LICENSES Councilmembers questioned the size of the grant for Item E. Lambert replied that the application is for$400,000, with$200,000 from the City and a$200,000 matching amount from the DNR. MOTION: Harris moved, seconded by Pidcock , to approve items A. - F. of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SIGN CODE DISCUSSION (Ordinance) (continued from March 8, 1994, June 7, 1994, June 143, 1994, June 21, 1994 and July 5, 1994) MOTION: Jessen moved, seconded by Anderson , to continue this item to the August 16, 1994, agenda. Motion carried unanimously. B. CENTRUM DEVELOPMENT by Centrum Design/Build Corporation. Request for PUD Concept Review on 23 acres, PUD District Review on 5.6 acres with waivers, Zoning District Change from Rural to Commercial Regional Service on 5.6 acres, Preliminary Plat of 5.6 acres into 3 lots and Site Plan Review on 5.6 acres. Location: Singletree Lane between Bachman's and Brunswick. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change from Rural to Commercial Regional Service; and Resolution for Preliminary Plat) John Kern, President of Centrum Coordinators, reviewed the project which includes two restaurants. Franzen said the Planning Commission recommended approval at their July 11, 1994 meeting, subject to the recommended plan revisions in the Staff Report of July 8, several of which remain to be completed. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock , to close the Public Hearing Motion carried unanimously. Councilmembers expressed concern about the pedestrian circulation within the entire area and whether there would be trees along the median. Franzen said the master plan has an internal sidewalk system from Bachmans to the Water Tower Plaza in addition to the trail along Singletree Lane, and the plans specify trees along the median. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution#94-111 for PUD Concept Review; to approve 1st Reading of Ordinance for PUD District Review and Zoning District Change; to adopt Resolution#94-112, approving Preliminary Plat; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, subject to completion of the revisions outlined in the Staff Report of June 19, 1994. Motion carried unanimously. City Council Minutes 4 July 19, 1994 C. INTERNATIONAL SCHOOL by International School of Minnesota. Request for Site Plan Review on 56 acres and Zoning District Amendment in the Public Zoning District on 56 acres. Location: Crosstown and Beach Road. (Ordinance for Zoning District Amendment in the Public Zoning District) Tracy Whitehead, Director of Operations at the International School, reviewed the request to expand the parking lot and add a running track. Franzen said the Planning Commission approved this project at the July 11, 1994, meeting with the condition that the NURP pond be constructed concurrent with the next phase or within three years of approval of the project, whichever occurs first. Councilmembers expressed concern about how construction of the NURP pond would be assured, how to provide ease of access to the new Bryant Lake county park since there is no access through the International School property, the ratio of students to parking spaces, possible encroachment on wetlands, and the status of the cartway. Staff responded that an escrow fund or letter of credit would be required to cover costs such as the NURP pond and landscaping or tree replacement requirements, and that we could enter into discussions with Hennepin Parks to explore options for a joint project to build a trail from the Crosstown Highway. Whitehead said they will have a total of 175 parking spaces with a total enrollment of 375 students, there is no wetlands encroachment and Hennepin County Parks decided not to purchase the property where the cartway is located. Diana Waterbury, 6681 Beach Road, expressed concern about the effect of the project on Bryant Lake and the wetlands and the impact of delaying construction of the NURP pond. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Councilmembers asked for clarification of the timing of the NURP pond. Dietz said it would be included with the grading plans for the 2nd phase of the school's development. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Harris moved, seconded by Jessen, to direct staff to explore the best options available to address the concerns regarding trail connections and to report back prior to 2nd Reading. Motion carried unanimously. D. NORWEST BANK ADDITION by Norwest Bank. Request for Site Plan Review on 2 acres and Zoning District Amendment in the C-Regional Service Zoning District on 2 acres for a 2,800 square foot bank addition. Location: 935 Prairie Center Drive. (Ordinance for Zoning District Amendment in the C-Regional Service Zoning District) Doug Watschke, representing Norwest Bank, reviewed the request to build an addition to the bank and to add three drive-through lanes, including an ATM lane. Jullie noted that a variance will be needed for the canopy extension and that the building must be fully sprinkled. City Council Minutes 5 July 19, 1994 Councilmembers expressed concern about safety and security of customers at the bank because of the isolation of the facility and because the area is not adequately lighted at night. Nancy Nickolai, 16011 Lakeshore Drive, said she commended Norwest for their support of City activities; however, she was concerned that the area where the cash machine is located not be hidden at all because of the safety factor. MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing; to approve 1 st Reading of the Ordinance for Zoning District Amendment; to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, and to direct Staff to closely review the plans for the project to make sure that all issues presented tonight regarding safety and security are addressed. Motion carried unanimously. E. BRENTWOOD by Tandem Properties. Request for Rezoning from Rural to Rl-22 on 38.13 acres and R1-13.5 on 1.65 acres and Preliminary Plat of 39.78 acres into 53 lots and road right- of-way. Location: Dell Road and Scenic Heights Road. (Ordinance for Rezoning from Rural to R1-22 and Resolution for Preliminary Plat) Jim Ostenson, representing Tandem Properties, reviewed the proposal, noting that the plans were carefully reviewed to retain many of the existing trees. Franzen said the Planning Commission recommended approval at the June 27, 1994 meeting. Lambert said the Parks Commission also recommended approval at last night's meeting based on the Staff Memorandum of June 24, with the additional recommendation that the scenic easement be located on a lot by lot basis and that permanent markers be placed on the lots showing where the scenic easement is located. Councilmembers expressed concern about how the scenic easement would be enforced. Pauly said it would be separate from the deed and would be given to the City prior to the sale of the property and recorded against the various lots. Councilmembers questioned the number of builders in the project and the price range of the homes. Ostenson said there will probably be four or five main builders and the homes will be $350,000 and up. Bill Gilk, 17895 W. 82nd, said he owns the property to the west of this project and his concern is the layout of Dell Road. He wants the opportunity to develop his property in a reasonable manner, so this project should include a reasonable alignment of Dell Road along the property line shared with his property and the Brentwood project. Ostenson said they developed the project in accordance with the alignment of the road as proposed by the City and a realignment would mean more assessments and more tree loss. Councilmembers questioned why the alignment of the road was an issue at this point. Dietz said there has been no resolution of the alignment through Mr. Gilk's property. City Council Minutes 6 July 19, 1994 MOTION: Pidcock moved, seconded by Hams, to close the Public Hearing; to approve 1st Reading of Ordinance for Rezoning; to adopt Resolution #94-113, approving the Preliminary Plat; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. RESOLUTION#94-114,VACATION 94-05-VACATION OF AN EXISTING DRAINAGE AND UTILITY EASEMENT AND VACATION OF RIGHT-OF-WAY FOR PART OF CRANBERRY LANE AT WEST 62ND STREET IN WOODLAWN HEIGHTS 2ND ADDITION There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to close the public hearing and adopt Resolution #94-114, to vacate the easements and right-of-way. 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 It VH. ORDINANCES AND RESOLUTIONS VH1. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FOR CONTRACT EXTENSION FROM HTPO FOR MILLER PARK PROFESSIONAL SERVICES Lambert said HTPO has requested an extension of$63,693 for their contract for Engineering Services at Miller Park. The anticipated completion date was July 4, 1993, and they have spent quite a bit more time than expected and have provided additional services. Councilmembers questioned the amount of the original contract. Lambert said it was $215,000. Councilmembers expressed concern that the amount of the extension is excessive and asked Staff to return with a detailed itemization of the additional expenses. There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to continue the request of HTPO to the August 2nd meeting. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES X. APPOINTMENTS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION-Appointment of 1 Flying Cloud Business Representative to fill an unexpired term to 2/28/95 (Continued from 6/14/94) City Council Minutes 7 July 19, 1994 MOTION: Jessen moved, seconded by Pidcock, to continue this item to the August 16, 1994, meeting. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCn MEMBERS 1. PHONE CALLS REGARDING BOARD OF APPEALS MEETING Anderson said he has received phone calls about the decision by the Board of Appeals to recommend approval of a variance request that will be within a few feet of a county road. Pauly said the City Council can review the appeal. MOTION: Anderson moved, seconded by Harris, to review the appeal in question. Motion carried unanimously. 2. BRYANT LAKE PARK Anderson said he would like Staff to explore the options for extending the trail along Highway 62 to the Hennepin County property near Bryant Lake. 3. B.F.I. OFFER FOR REUTER Anderson said he has had calls from people who want to know what will happen if B.F.I. takes over the Reuter facility. Jessen said he thought the City should attend any hearings regarding the transfer of the license in order to be sure that all of our provisions are met. 4. WATER RATIONING Pidcock said she thought the City should program their sprinkler system to run only on the days watering is allowed so that we operate under the same restrictions as others. 5. TRAILS Pidcock said she did not like the cinder used on the trails in the City and thought it was a deterrent to people using them. She said she was also concerned about the use of coarse aggregate on streets that are being resurfaced as there are many children who rollerblade during the summer. She asked Staff to review and come back with possible alternatives. 6. BOARD OF REVIEW Pidcock said she was concerned about the lack of gender balance on the Board of Review since the entire Board is male, as are all of the Staff who attend the Board of Review meetings. She said she has received calls from women who attended the meetings and felt intimidated when faced with the all male Board. City Council Minutes 8 July 19, 1994 C. REPORT OF DIRECTOR OF PUBLIC WORKS 1. U.S. WEST AGREEMENT REGARDING PHONE EQUIPMENT AT BAKER ROAD WATER TOWER SITE Dietz reviewed the proposed agreement with U.S. West to build a cellular antenna site near the Baker Road water tower, noting that Pauly has summarized the terms of the agreement in the memo of July 19, 1994. He said the benefits to the City will include the rent and additional services for the communications system. Councilmembers expressed concern about the amount of excavation that will be required and whether others had bid on this. Dietz said it is a small building that will require some flattening of the land where it is located without disturbing the trees on the site. Pauly said it is a non-exclusive license so that others could have the opportunity to use the facility as well. MOTION: Harris moved, seconded by Jessen, to approve the agreement with U.S. West regarding phone equipment at the Baker Road Water Tower site as presented at this meeting. Motion carried unanimously. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Anderson, to close the meeting. Mayor Tenpas adjourned the meeting at 9:12 p.m.