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City Council - 08/16/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 16, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl Jullie, Director of Community Development Chris Enger,Director of Parks,Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:38 p.m. after a brief time during which the Mayor and Councilmembers related their memories of former Councilmember Anderson. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item IV. P. SECOND READING OF ZONING ORDINANCE FOR CENTRUM DEVELOPMENT, and moved Item IX.C. SOUTHWEST METRO TRANSIT - REQUEST CITY TO FUND HIGH SPEED BUS PROTECT to the Consent Calendar as Item IV. Q. MOTION: Harris moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. H. OPEN PODIUM Roger Sandvick, 14280 Stratford Road, expressed concern about the escalating noise levels from Midwest Asphalt near his property and about their possible mining operations without having a permit. Jullie noted that they have agreed to apply for a permit. Councilmembers suggested that Staff put together more information on the situation and include it on an upcoming Council agenda. M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JULY 19, 1994 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the July 19, 1994, Council meeting as submitted. Motion carried unanimously. City Council Minutes 2 August 16, 1994 B. SPECIAL CITY COUNCIL MEETING HELD THURSDAY, AUGUST 11, 1994 MOTION: Harris moved, seconded by Jessen, to approve the minutes of the August 11, 1994, Special Council meeting as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF RESTATED JOINT POWERS AGREEMENT FOR SOUTHWEST METRO TRANSIT COMMISSION C. INTERNATIONAL SCHOOL by International School of Minnesota. 2nd Reading of and Ordinance for Zoning District Amendment in the Public Zoning District on 56 acres; Adoption of a Resolution Approving Site Plan Review on 56 acres and Approving a Supplemental Developer's Agreement for International School. Location: Crosstown and Beach Road. (Ordinance #27-94, Zoning District Amendment in the Public Zoning District and Resolution #94-115, Site Plan Review) D. RESOLUTION#94-116, DEFERMENT OF STORM SEWER ASSESSMENT- HUELER E. YEAR XX (1994) CDBG SUBRECIPIENT AND THIRD PARTY AGREEMENTS WITH HENNEPIN COUNTY (Resolution #94-117) F. BRENTWOOD by Tandem Properties. 2nd Reading of an Ordinance for Rezoning from Rural to R1-22 on 38.13 acres and R1-13.5 on 1.65 acres and Approving a Developer's Agreement for Brentwood. Location: Dell Road and Scenic Heights Road. (Ordinance#28-94, Rezoning from Rural to R1-22 on 38.13 and R1-13.5 on 1.65 acres) G. RESOLUTION#94-118, AWARDING CONTRACT FOR HIDDEN PONDS RESERVOIR PAINTING, I.C. 93-5338 H. RESOLUTION #94-119, AWARDING CONTRACT FOR 1994 LIME SLUDGE REMOVAL, I.C. 94-5364 I. APPROVE CHANGE ORDER NO. 1 FOR CITY WELLS NOS. 11 & 12 I.C. 93-5336 J. RESOLUTION #94-120, APPROVING FINAL PLAT FOR BRENTWOOD (located west of Candlewood Parkway) K. RESOLUTION #94-121, APPROVING FINAL PLAT FOR SUMMERFIELD 2ND ADDITION (located at the NE Quadrant of TH 5 and Dell Road) L. RECOMMENDATION FOR POLICY ON BONFIRE PERMITS M. RESOLUTION#94-130, APPOINTING ELECTION JUDGES FOR FOR THE PRIMARY ELECTION City Council Minutes 3 August 16, 1994 N. PROCLAMATION FOR "STOP THE VIOLENCE AND SAVE OUR KIDS MONTH" O. REQUEST FOR ADDITIONAL SERVICES FOR RCM REGARDING RILEY LAKE PARK DEVELOPMENT P. CENTRUM DEVELOPMENT - 2nd Reading of Ordinance #26-94-PUD-4-94, for Rezoning from Rural to PUD-4-94-Commercial Regional Service on 5.6 acres; Adoption of Resolution #94-123, Site Plan Review; and Approval of Developer's Agreement for Centrum Development. Location: Singletree Lane between Bachman's and Brunswick. (Ordinance#26-94-PUD-4-94 for PUD District Review with Waivers and Zoning District Change;and Resolution#94-123, Site Plan Review) Q. SOUTHWEST METRO TRANSIT - REQUEST CITY TO FUND HIGH SPEED BUS PROTECT Harris questioned Item B. regarding Southwest Metro. George Bentley, Southwest Metro representative, said that capital expenditure funds come from regional transit bonds. MOTION: Hams moved, seconded by Pidcock, to approve items A. - Q. 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 on 2 acres and Resolution for Preliminary Plat) Jullie said the Council closed the Public Hearing for this project at an earlier meeting but continued the discussion in order to obtain a redetermination of wetland boundaries. He said the 120-day review period for the Preliminary Plat expires today. Councilmembers discussed the merits of sending the project on to the LGU governing body for determination as opposed to not turning the project over to the Watershed District since the Council has authority on zoning and density. Barry Post, Post Construction, said they have had three meetings with the Watershed District but they will not talk to the Posts without prior approval of the project from the Council. Councilmembers asked whether any consideration had been given to reducing the density to the five lot configuration that would not require any variances nor any wetland fill. Brian Post, Post Construction, said the subdivision as proposed meets every rule. After reviewing the notice sent out, Pauly said the meeting tonight was published as a Public Hearing; therefore, members of the audience could speak to the issue. City Council Minutes 4 August 16, 1994 Gerard Wersal, 12645 Sunnybrook Road, thought this is an issue of density and that he had discussed this with the Watershed District who reported that they had not been approached by Post Construction. Libby Hargrove, 12640 Sunnybrook Road, asked if any consideration will be given to the illegal land filling that was done prior to this project request. Gray said some fill had been brought onto the property and that Staff would be willing to meet with the Posts to discuss options. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to adopt Resolution#94-124, approving the Comprehensive Guide Plan Amendment from Open space to Low Density Residential on approximately two (2) acres; to approve 1st Reading of the ordinance for Rezoning from Rural to R1-13.5 on 4.93 acres; to adopt Resolution #94-125, approving the Preliminary Plat for five (5) single family lots and one (1) outlot as outlined on the schematic provided; to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and to direct Staff to prepare a Resolution of Findings in support of a five-lot versus seven-lot preliminary plat for the property. Motion carried 3-1 with Tenpas opposed. B. SIGN CODE DISCUSSION (Ordinance) Continued from March 8, June 7, June 14, June 21, July 5, and July 19, 1994 Jullie noted that the August draft ordinance is somewhat more restrictive than the previous version and was prepared subsequent to Staff discussions with various interested parties. Councilmembers expressed concern that two directional signs might not be enough for some projects, that a "project" needs to be more closely defined, and that there might be some merit in incorporating a-signage plan as part of the developer's agreement. Pauly expressed concern about leaving the number and locations of signs up to the developers. MOTION: Jessen moved, seconded by Harris, to approve 1st reading of the ordinance for amendment to the Sign Code relating to on-site and off-site development/directional signs, subject to the following revisions: (1) include classification as to what is a project; (2) revise the sliding scale in Section 4.J.3.(a) to allow 6 signs for a project of 10 or less and 12 signs for a project of 10 or more; (3) revise Section 4.J.3.(g) to specify more than two (2) miles from the project. Motion carried with Pidcock abstaining. C. LAKESIDE by K-P Properties, Inc. Request for Zoning District Change from Rural to R1-13.5 on 11.04 acres, Preliminary Plat of 11.04 acres into 16 single family lots and road right-of-way. Location: Duck Lake Road and Duck Lake Trail. (Ordinance for Zoning District Change from Rural to R1-13.5 on 11.04 acres and Resolution for Preliminary Plat of 11.04 acres) The developer requested postponement of this item to the first meeting in September. Staff reported that appropriate notices would be sent to the surrounding property owners. MOTION: Pidcock moved, seconded by Harris, to continue this item to the September 6, 1994, meeting. Motion carried unanimously. City Council Minutes 5 August 16, 1994 D. BEARPATH MAINTENANCE BUILDING by Bearpath Corporation. Request for Site Plan Review on 1.5 acres and Zoning District Amendment in the Rural Zoning District on 1.5 acres. Location: New Riley Lake Road next to the Hennepin County Light Rail Corridor. (Ordinance for Zoning District Amendment in the Rural Zoning District on 1.5 acres) Enger and Lambert reported that the Planning and Parks Commissions had recommended approval per the Staff reports. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the public hearing; to approve lst Reading of the ordinance for Zoning District Amendment; and, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. EDEN PRAIRIE FORD EXPANSION by Eden Prairie Ford. Request for Zoning District Amendment and Site Plan Review on 4.5 acres. Location: Valley View Road. (Ordinance for Zoning District Amendment) Enger said the Planning Commission recommended approval of the project on August 8th. Councilmembers questioned if there would be cash park fees. Enger said they were paid. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the public hearing; to approve lst reading of an ordinance for Zoning District Amendment within the Commercial Regional Service District; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. JOE AND ARLENE TULLIE ADDITION by Joe Jullie. Request for Preliminary Plat of 1.66 acres into 3 lots. Location: 17041 Prairie Lane. (Resolution for Preliminary Plat) Enger said the Planning Commission recommended approval of the project, subject to the recommendations of the Staff Report dated July 22. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the public hearing; to adopt Resolution#94-126 approving the Preliminary Plat of 1.66 acres into three(3) lots; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. G. CHRIST LUTHERAN CHURCH FELLOWSHIP HALL by Christ Lutheran Church. Request for Site Plan Review and Zoning District Amendment on 2.78 acres for a 6,705 square foot Fellowship Hall addition. Location: 16900 Main Street. (Ordinance for Zoning District Amendment on 2.78 acres) City Council Minutes 6 August 16, 1994 Enger said the Planning Commission recommended approval of the project, subject to the recommendations of the Staff Report dated July 22nd. There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, 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. Motion carried unanimously. H. VACATION 94-06; DRAINAGE EASEMENT IN PRAIRIE SHORES ADDITION (Resolution #94-127) There were no comments from the audience. MOTION: Harris moved, seconded by Jessen, to close the public hearing and adopt Resolution #94-127, vacating the drainage easement over part of Lot 27, Block 1, Prairie Shores Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Jessen, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Jessen, Pidcock, and Tenpas voting "aye". VII. ORDINANCES AND RESOLUTIONS A. MUSA LINE EXPANSION - PLAN AMENDMENT PROCESS (Resolution #94-128) Jullie said the Comprehensive Plan Amendment would expand the year 2000 MUSA line to the Minnesota River bluffs area which would add 850 acres of developable land supply, or all of the remaining developable land outside the current MUSA line. Councilmembers questioned the probably timing of the process. Enger said that, while Staff has had preliminary discussions about the amendment, the process will probably take several months. MOTION: Jessen moved, seconded by Harris, to adopt Resolution #94-128, authorizing Staff to prepare a Comprehensive Guide Plan Amendment for extension of the Metropolitan Urban Service Area (MUSA) Line. Motion carried unanimously. B. RESOLUTION #94-129, AMENDING RESOLUTION NO. 94-09 TO DESIGNATE THE ACTING MAYOR MOTION: Harris moved, seconded by Jessen, to nominate Councilmember Pidcock as Acting Mayor. Motion carried unanimously. MOTION: Harris moved, seconded by Jessen, to adopt Resolution #94-129, designating Councilmember Patricia Pidcock as Acting Mayor. Motion carried unanimously. City Council Minutes 7 August 16, 1994 C. ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO LIQUOR REGULATIONS Jullie and Pauly reviewed the draft ordinance amending City Code Chapter 4, noting that the amendment was written primarily in response to recently enacted amendments to state law. MOTION: Pidcock moved, seconded by Jessen, to adopt 1st reading of an ordinance amendment to City Code Chapter 4, relating to liquor regulations. Motion carried unanimously. VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST OF EDEN PRAIRIE MEMBERS OF MMNESOTA COALITION OF RESPONSIBLE RETAILERS TO DISCUSS AMENDMENTS TO NEW TOBACCO REGULATIONS ORDINANCE Councilmembers suggested that a study committee be formed to discuss possible amendments to the new tobacco regulations ordinance. The committee would be composed of staff, one Councilmember, and members of the community at large. Tom Briant, attorney for the Minnesota Coalition of Responsible Retailers, said he would be open to meeting with such a study committee. MOTION: Harris moved, seconded by Jessen, to appoint a study group to include Staff, representatives of the Minnesota Coalition of Responsible Retailers, interested members of the community, and Mayor Tenpas to develop appropriate measures for phasing in of the new tobacco regulations for retailers. Motion carried unanimously. B. REQUEST TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS APPROVAL OF VARIANCE 94-15, KETCHAM, 14007 HOLLY ROAD Councilmembers expressed concern that there does not seem to be much flexibility available. MOTION: Harris moved, seconded by Pidcock, to affirm the decision of the Board of Adjustments & Appeals to approve Variance 94-15, Ketcham, 14007 Holly Road. Motion carried unanimously. C. REQUEST TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS APPROVAL OF VARIANCE 94-17, TANEN, 6525 ROWLAND ROAD Jullie said Staff is working with the applicant and neighbors to reach a solution, and they have requested a continuance in order to continue the discussions. MOTION: Harris moved, seconded by Pidcock, to schedule this item for review at the September 6, 1994, Council meeting. Motion carried unanimously. City Council Minutes 8 August 16, 1994 IX. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES A. PARKS. RECREATION & NATURAL RESOURCES COMMISSION - RECOM- MENDATION REGARDING LAWFUL GAMBLING ORDINANCE AND OTHER FORMS OF FUND RAISING OPTIONS Lambert said the Parks Commission reviewed the May 31, 1994, letter from the Girls Athletic Association (G.A.A.) and voted 5-1 to recommend denial of an extension of the use of gambling proceeds to fund recreation in the Eden Prairie Parks and to not support commercial sponsors for signage in the parks. Councilmembers asked Staff to prepare a letter to the G.A.A. emphasizing our support of their programs while supporting the Parks Commission recommendation. B. SHeRPA REQUEST FOR MORE STAFFING Jullie noted that this item is on the Agenda at the request of Councilmember Jessen. Jullie reviewed the recommendation of the Human Rights & Services Commission to not reduce the current funding of service agencies in order to fund additional staff at SHeRPA. Jessen outlined the events at a recent Board meeting that led to a request for funding of additional staff by means of reducing the current level of funding for service agencies in the four cities involved in SHeRPA. He said there was considerable discussion regarding setting priorities for programs versus administration. Councilmembers expressed concern about reports that the current SHeRPA staff. Jessen said he thought it was important for SHeRPA to use other existing resources and to reprioritize in order to make reasonable assignments to the current staff. 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 6114 and 7/19/94) Jullie said that, since there has not been a nomination for this appointment, it will be rescheduled when such a nomination is made. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER City Council Minutes 9 August 16, 1994 1. Set meeting dates for Budget discussions (August 30 and September 13) Councilmembers discussed changing the date for the second meeting. Jullie noted that the second meeting may not be needed. MOTION: Harris moved, seconded by Jessen, to set August 30, and September 12, 1994, as special meeting dates for the purpose of discussing the propose 1995 Budget. Motion carried unanimously. 2. City Manager 1994 Salary Adjustment Councilmembers agreed that Mr. Jullie has continued to grow in the job and that the new realignment of staff allows him to manage the staff more efficiently. MOTION: Jessen moved, seconded by Pidcock, to approve the City Manager's Salary Adjustment for 1994 and the$400 per month car allowance to replace the City-provided car, as presented in his August llth memo. Motion carried unanimously. X11. OTHER BUSINESS XIII. ADTOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas closed the meeting at 9:35 p.m.