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City Council - 09/06/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 6, 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 J. JuMe, 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 7:30 p.m. All members were present. PRESENTATION OF PROCLAMATION FOR LITERACY AWARENESS MONTH, SEPTEMBER, 1994 Mayor Tenpas presented a Proclamation for Literacy Awareness Month to a representative of the Eden Prairie School District. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item XI.D.2. STATUS OF CENTRUM PURCHASE AGREEMENT. MOTION: Pidcock moved, seconded by Jessen, 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. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, AUGUST 16, 1994 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the August 16, 1994, meeting as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE #30-94, AMENDING CITY CODE CHAPTER 4 RELATING TO LIQUOR REGULATIONS City Council Minutes 2 September 6, 1994 C. SIGN CODE AMENDMENT. 2nd Reading of Ordinance#31-94, amending the Sign Code and providing for temporary off-site directional signs. D. RECOMMENDATION TO ACQUIRE LAKESHORE PROPERTY ON DUCK LAKE E. REQUEST TO ELIMINATE RECREATION PROGRAM TRANSFER FEES F. AWARD CONTRACT FOR INSTALLATION OF COMMUNICATIONS WIRING TO POLICE RADIO TOWER G. RESOLUTION #94-131 AMENDING FEE RESOLUTION (ANIMAL ORDINANCE CHANGES) H. SET SPECIAL ASSESSMENT HEARING FOR OCTOBER 4, 1994 FOR PROTECT BY TOM THUMB STORE AT DELL ROAD & TOWNLINE ROAD (Resolution #94-132) I. RESOLUTION #94-133, APPROVING FINAL PLAT FOR HAWTHORNE OF EDEN PRAIRIE 3RD ADDITION (located east of Dell Road and south of TH 5) J. RESOLUTION #94-134 APPROVING FINAL PLAT FOR HAWTHORNE CARRIAGE HOMES (located east of Dell Road and south of TH 5) K. RESOLUTION #94-135, APPROVING FINAL PLAT FOR FAIRIELD SOUTH 3RD ADDITION (located north of Pioneer Trail and West of Braxton Drive) L. RESOLUTION #94-136, AWARDING CONTRACT FOR WELL PUMPHOUSE NOS. 11 & 12, I.C. 94-5356 M. RESOLUTION #94-137, AWARDING CONTRACT FOR WATERMAIN AND WELL COLLECTOR LINES IN MITCHELL ROAD AND TECHNOLOGY DRIVE,I.C. 94-5357 N. RESOLUTION #94-138, REGARDING LIMITED USE PERMIT APPROVAL FROM MnDOT O. SET TUESDAY, OCTOBER 4. 1994, 6:30 PM, TO INTERVIEW CANDIDATES FOR HUMAN RIGHTS & SERVICES COMMISSION, HUMAN SERVICES COMMITTEE. AND STUDENT/YOUTH LIAISONS TO BOARDS AND COMMISSIONS P. AMENDMENT NO. 1 TO EASEMENT AGREEMENT BETWEEN BREMCO (EDEN PRAIRIE LIMITED PARTNERSHIP), LEISERV, INC., AND CITY OF EDEN PRAIRIE Councilmembers questioned why we are interviewing candidates for Commissions and Boards at this time. Jullie said it is only for those Commissions that currently have vacancies and for the Student/Youth Liaison appointments. MOTION: Pidcock moved, seconded by Jessen, to approve items A. - P. of the Consent Calendar. Motion carried unanunously. City Council Minutes 3 September 6, 1994 V. PUBLIC HEARINGS/MEETINGS A. 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) Continued from August 16, 1994 Jullie said proponent has requested a continuance of the Public Hearing to September 20, 1994, noting that the item should be directed back to the Commissions prior to City Council review to obtain recommendations regarding Shoreland variances and clearing of brush on the property. MOTION: Pidcock moved, seconded by Jessen, to continue the public hearing to the September 20, 1994, meeting and to direct the item back to the Parks, Recreation & Natural Resources Commission and the Planning Commission prior to Council review. Motion carried unanimously. B. BUCA RESTAURANT by Parasole Restaurant Holdings, Inc. Request for Zoning District Amendment within the Community Commercial Zoning District and Site Plan Review on 1.25 acres for a 4,200 sq. ft. restaurant addition. Location: Highway 5 and Mitchell Road. (Ordinance for Zoning District Amendment within the Community Commercial Zoning District) The proponent has requested that this Public Hearing be continued to September 20, 1994. MOTION: Jessen moved, seconded by Pidcock, to continue the public hearing to the September 20, 1994, meeting. Motion carried unanimously. C. EDEN PRAIRIE MALL EXPANSION - PHASE H by Homart Development Company. Request for PUD Concept Review on 80 acres, PUD District Review with waivers on 80 acres, Zoning District Amendment on 80 acres, and Site Plan Review on 80 acres. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Bill Moston, representing Homart Development Company, reviewed their request to begin the Phase II expansion of the Eden Prairie Mall. Enger said the Planning Commission reviewed the expansion at their August 8th meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of August 5th. There were no comments from the audience. MOTION: Harris moved, seconded by Jessen, to close the Public Hearing; to adopt Resolution #94-139, approving PUD Concept Review; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes 4 September 6, 1994 D. EDEN PRAIRIE METRO MINI-STORAGE by Property Resources Corporation. Request for Zoning District Amendment and Site Plan Review in the I-2 Park District on 4.1386 acres. Location: 6851 Flying Cloud Drive. (Ordinance for Zoning District Amendment) Greg Hallenkamp and Mike Seeland, representing Property Resources Corporation, reviewed the request to renovate the existing building on the property and to expand the site for additional mini-storage buildings. Enger said the Planning Commission reviewed the proposal at their August 22nd meeting and recommended approval, subject to the recommendations of the Staff Report of August 19th. Councilmembers expressed concern regarding drainage on this property and on the adjacent properties and the funding of any drainage improvements that may be required. Seeland said the problem appears to be that the adjacent property owner has no drainage to the south, and that owner is dealing with City Staff to make improvements to the drainage. Dietz said the drainage improvements could be a special assessment project; however, the property this project is located on is nearly all hard-surfaced, so it will not affect the drainage situation in the area. There were no comments from the audience. Hallenkamp said they would like to request an early grading permit. MOTION: Harris moved, seconded by lessen, 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. MOTION: Harris moved, seconded by lessen, to grant a permit to proponent for early grading on the site prior to Second Reading at their own risk. Motion carried unanimously. E. NOISE ORDINANCE Enger said the City's Noise Ordinance is obsolete and needs to be updated in order to have enforceable standards. The proposed Noise Ordinance is modeled after those of Bloomington and St. Louis Park, which have been in existence for twenty years and have national recognition. He said the draft has been amended to drop music as a noise category. The Planning Commission recommended approval of the revised Noise Ordinance on a 4-1 vote. Councilmembers asked if there are areas of the City that exceed the noise levels allowed and what the consequences would be for noncompliance. Enger provided examples of several businesses that exceeded the levels allowed for a variety of reasons. He said they would look at a process for issuing tickets for noncompliance; however, they would try to work something out with owners before tickets were issued. Councilmembers discussed what effect the ordinance would have on private parties such as wedding celebrations. Pauly said there would have to be additional changes if private party situations were meant to be excluded. City Council Minutes 5 September 6, 1994 There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the public hearing, and to approve the 1st Reading of the proposed Noise Ordinance. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Jessen, Pidcock, and Tenpas voting "aye". VIE. ORDINANCES AND RESOLUTIONS A. RESOLUTION #94-140, RELATING TO PRELIMINARY PLAT FOR PURGATORY CREEK ESTATES Jullie said a resolution has been prepared for the City Council to state its findings in approving the 5-lot subdivision of Purgatory Creek Estates at the August 16th meeting. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution #94-140, Findings, Conclusions, and Decision regarding Preliminary Plat of Purgatory Creek Estates. Motion carried unanimously. B. RESOLUTION #94-141 - PROPOSED CITY BUDGET AND TAX LEVY FOR 1995 At the August 30, 1994 workshop session, the City Council discussed the proposed 1995 Budget and Tax Levy, with the proposed net property tax levy to be $13,900,000 and accepting a proposed budget of$22,027,100. This amount reflects the maximum tax levy that could not be exceeded when the Council finally sets the levies in December. Councilmembers discussed the potential for combining spending cuts with additional revenue, noting that this is the maximum tax levy and the maximum budget subject to further review and refinement. MOTION: Harris moved, seconded by Pidcock , to adopt Resolution#94-141, establishing the proposed property tax levy and accepting the proposed budget for 1995. Motion carried unanimously. C. STREET NAME CHANGE FOR A PORTION OF CONEFLOWER LANE TO CATTAIL COURT (Ordinance #32-94) Jullie said Staff is proposing a street name change for one segment of Coneflower Lane in order to reduce possible confusion because of the two intersections of Dell Road and Coneflower Lane. MOTION: Jessen moved, seconded by Hams, to approve 1st Reading of Ordinance #32-94, changing a portion of Coneflower Lane to Cattail Court. Motion carried unanimously. City Council Minutes 6 September 6, 1994 MOTION: Jessen moved, seconded by Harris, to approve 2nd Reading of Ordinance #32-94, changing a portion of Coneflower Lane to Cattail Court. Motion carried unanimously. D. STREET NAME CHANGE FOR A PORTION OF BOULDER POINTE ROAD TO BLAKENEY ROAD (Ordinance #33-94) Jullie said Staff is proposing a street name change for one segment of Boulder Pointe Road in order to reduce possible confusion because of the two intersections of Boulder Pointe Road and Mitchell Road. Councilmembers expressed concern about possible financial impact on residents as a result of the change. Dietz said Staff planned the change so that there would be no impact on nearby residents. MOTION: Pidcock moved, seconded by Jessen, to adopt 1st Reading of Ordinance #33-94, changing the name of a portion of Boulder Pointe Road to Blakeney Road. Motion carried unanimously. MOTION: Pidcock moved, seconded by Jessen, to adopt 2nd Reading of Ordinance #33-94, changing the name of a portion of Boulder Pointe Road to Blakeney Road. Motion carried unanimously. VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS APPROVAL OF VARIANCES #94-17 TANEN 6525 ROWLAND RD. (Continued from August 16, 1994) Jullie said the parties are continuing to try to resolve the issues. MOTION: Jessen moved, seconded by Hams, to continue this item to September 20, 1994, to allow additional time to resolve issues regarding the joint driveway. Motion carried unanimously. B. REQUEST FROM SOUTHWEST TRAILS SYSTEM TO DESIGNATE A SNOWMOBILE TRAIL ON A PORTION OF THE HENNEPIN PARKS REGIONAL TRAIL WITHIN EDEN PRAIRIE Jullie said the Southwest Trails System has requested designation of a snowmobile trail on Riley Lake and on a portion of the Hennepin County Regional Rail Authority trail near Riley Lake. While Hennepin Parks has operational jurisdiction over the trail, its regulations relate only to summer use. Winter activities are left to the discretion of the City. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the request in August and recommended denial on a unanimous vote. One of the major concerns was that the designated trail location goes across Riley Lake, and there is no alternative route for those times when the lake is not safe for snowmobiles. There was also concern about setting a precedent for use of snowmobiles in Riley Lake Park. City Council Minutes 7 September 6, 1994 Councilmembers expressed concern about the lack of opportunities for snowmobiling in Eden Prairie and questioned if other areas west of Riley Lake allow snowmobiling. Lambert said that, while the City supported snowmobiling as a recreational pursuit, the City has grown to the point where it is not a good idea to provide opportunities for it within the City limits The City of Chanhassen will also review proposals from the club. Councilmembers questioned the possibility of using the abandoned railway track. Lambert said the use of that track during the winter is up to the City, and that Staff will ask for a cross- country ski trail to be set up on the track. Charles Litkin, 7609 Loretto Drive, Chanhassen, said the Southwest Trails System club wants this trail because they lost the existing trail that goes down to Chaska and connects with the river trails because of road construction. He reviewed an alternative plan if their request to cross Riley Lake is denied. Councilmembers discussed alternatives to the trail crossing Riley Lake, the possible problems of mixing cross-country skiers with motorized vehicles, and possible complaints from residents about noise from the snowmobiles. MOTION: lessen moved, seconded by Harris, to recommend denial of the request of the Southwest Trails System for a snowmobile trail on Riley Lake and on a portion of the Hennepin County Regional Rail Authority trail near Riley Lake, based on the findings of the Parks, Recreation, and Natural Resource Commission, and to direct Staff to prepare a letter to the City of Chanhassen recommending that they approve the alternative route through their section of the trail in order to avoid the Riley Lake crossing. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES None. X. APPOINTMENTS None. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. REVIEW 1993 AUDIT REPORT The auditors were not present. MOTION: lessen moved, seconded by Harris, to continue this item to the September 20th meeting. Motion carried unanimously. City Council Minutes 8 September 6, 1994 C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. REQUEST TO SEEK PROPOSALS FOR THE ESTABLISHMENT OF A PRIVATE NON-PROFIT ART COUNCIL TO DIRECT AND OPERATE AN ARTS CENTER OUT OF A CITY-OWNED FACILITY Lambert reviewed the process that led the Center for the Arts Committee to seek a private non-profit Arts Board comprised of Eden Prairie residents to manage and operate an Arts Center facility in a City-owned building. Staff has developed a Request for Proposal (RFP) to begin the process of implementing a community-based arts program. Councilmembers questioned how the RFP will be advertised, what the new program's relationship will be to the Arts Commission, and whether the City would relinquish responsibility for the program. Lambert said the RFP will be advertised in the Eden Prairie News, and the Arts Commission members did not want to give up their current offerings in order to concentrate on an Arts Center. He said Staff is recommending that we issue the RFP and retain an open mind as proposals are submitted. MOTION: Jessen moved, seconded by Harris, to direct Staff to issue the Request for Proposal to seek a private non-profit Arts Board comprised of Eden Prairie residents to manage and operate an Arts Center facility in a City-owned building for the purpose of beginning a process of implementing a community-based arts program. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. REVIEW OF MIDWEST ASPHALT LAND ALTERATION PERMIT Jullie said Midwest Asphalt submitted their application for a land alteration permit on September 1. He asked that this item be continued to October 4 to allow Staff adequate time to review the information. MOTION: Harris moved, seconded by Jessen, to refer the application for staff review and to report back at the October 4th meeting. Motion carried unanimously. 2. STATUS OF CENTRUM PURCHASE AGREEMENT Enger reported that Centrum has not been able to locate a tenant for the 2-1/2 acre retail site that is part of the two restaurant project, and they need to move forward. They would like to amend the purchase and developer's agreements to separate out the retail site so that the effective purchase price of the zoned three acres would be increased above the $8.41 per square foot. In order to meet their closing date of September 9th they have requested authorization to enter into an amended purchase agreement for the three acres. City Council Minutes 9 September 6, 1994 MOTION: Pidcock moved, seconded by Jessen, to authorize Staff to enter into an amended purchase agreement for the Centrum site, and to revise the Developer's Agreement as may be necessary. Motion carried unanimously. (At this point the auditors joined the meeting.) MOTION: Pidcock moved, seconded by Harris, to reconsider item XI.B.1. XI.B.1. REVIEW 1993 AUDIT REPORT Auditor Bill McCue reviewed the findings of the 1993 Audit Report with the Council. He recommended that, at some point, the City conduct a physical inventory of fixed assets. Councilmembers expressed concern that the physical inventory has been postponed time after time and that, by setting the asset value to a reasonable amount, it should not be too difficult to perform. MOTION: Jessen moved, seconded by Harris, to accept the auditor's report, including items in the Management Letter, and to direct that the physical inventory of assets be established. Motion carried unanimously. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas closed the meeting at 9:00 p.m.