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City Council - 11/01/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 19 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILME11ViBERS: Mayor Douglas Tenpas,Jean Harris, H.Martin Jensen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager 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. Councilmember Jessen was absent. INTRODUCTION OF BOY SCOUT TROOP 347, EUMANUEL LUTHERAN CHURCH Members of Boy Scout Troop 347 were present to observe the Council meeting as part of their Citizenship in the Community Merit Badge and were introduced by their Troop Leader. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item X. A. APPODUMfENT OF CITIZEN REPRESENTATIVE TO TRANSPORTATION ALLIANCE; Hams added item M. A. 1. TRAFFIC ON EDEN PRAIRIE ROAD; Tenpas added item M. A.2. PARTICIPATION IN HOUSING TASK FORCE. MOTION: Pidcock moved, seconded by Harris, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM There were no presentations during this portion of the meeting. III. MINUTES A. JOINT CITY COUNCIL/ARTS COMM[SSION MEETING OF SEPTEMBER 20, 1994 Harris said the second sentence of the last paragraph on page 2 should be changed as follows: "Harris said when the Foundation started the Arts Commission had a great role to play in developing a public/private partnership in the Arts Center." City Council Minutes 2 November 1, 1994 MOTION: Pidcock moved, seconded by Hams, to approve the minutes of the September 20, 1994, Joint City Council/Arts Commission meeting as submitted and amended. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 4. 1994 MOTION: Hams moved, seconded by Pidcock to approve the minutes of the October 4, 1994, City Council meeting as submitted. Motion carried unanimously. IN. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CHANGE ORDER NO. 2 FOR DELL ROAD, I.C. 93-5312 C. AUTHORIZE INFRASTRUCTURE STUDY FOR AREA SOUTH OF COUNTY ROAD 1 D. BEARPATH MAINTENANCE BUILDING 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Bearpath Maintenance Building. Location: New Riley Lake Road next to the Hennepin County Light Rail Corridor. (Ordinance#29-94,Zoning District Amendment and Resolution#94-161, Site Plan Review) E. RESOLUTION #94-1629 AMENDING FEE RESOLUTION NO. 94-06 RELATING TO DOG LICENSE REGISTRATION FEES FOR 1995 F. RESOLUTION #94-163, REJECTING BIDS FOR TRAFFIC SIGNAL AT ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD AND AUTHORIZING NEW BIDS TO BE RECEIVED, I.C. 94-5349 G. RESOLUTION#94-164.AWARDING CONTRACT FOR TRAFFIC SIGNAL AT PRATM CENTER DRIVE AND WEST 78TH STREET AND AT PPUMM CENTER DRIVE AND PLAZA DRIVE, I.C. 94-5353 H. SET JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION MEETING FOR TUESDAY,NOVEMBER 15, 1994 6:15 PM,AND RESCHEDULE JOINT CITY COUNCIL/HUMAN RIGHTS & SERVICES COMMISSION MEETING TO TUESDAY, JANUARY 17, 1995, 6:15 PM 1. RESOLUTION #94-165, APPROVING FINAL PLAT OF WALMART 2ND ADDITION (Located at the Southeast corner of Prairie Center Drive and Singletree Lane) J. RESOLUTION #94-166. APPROVING FINAL PLAT OF RICHARD THOMPSON ADDITION (Located Between Chandler Court and Craig Drive) K. EDEN PRAIRIE FORD EXPANSION 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Eden Prairie Ford Expansion; Approval of a Developer's Agreement for Eden Prairie Ford Expansion by Eden City Council Minutes 3 November 1, 1994 Prairie Ford. Location: Valley View Road. (Ordinance#41-94, Zoning District Amendment and Resolution #94-167, Site Plan Review) L. REVISED SCHEDULE FOR USE OF COMMUNITY CENTER POOL M. RECOMMENDATION CHANGE OPEN SKATING TIMES AT COMMUN1TY CENTER N. WESTGATE SUBSTATION 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Westgate Substation; Approval of a Developer's Agreement for Westgate Substation by Northern States Power. Location: Venture Lane and Martin Drive. (Ordinance #42-94, Zoning District Amendment and Resolution #94-168, Site Plan Review) O. BEARPATH 4TH ADDITION 2nd Reading of an Ordinance of PUD District Amendment and Rezoning from Rural to R1-13.5; Approval of a Developer's Agreement for Bearpath 4th Addition by Bill Gilk and Sienna Corporation. Location: Dell Road and Highway 212. (Ordinance#40-94-PUD-8-94, PUD District Amendment, Rezoning from Rural to R1-13.5) P. HARTFORD PLACE 2nd Reading of an Ordinance for Rezoning from Office to R1-13.5, Office to RM-6.5, and Office to C-Reg Service; Adoption of a Resolution Approving Site Plan Review for Hartford Place; Approval of a Developer's Agreement for Hartford Place. Location: Rolling Hills Road and Prairie Center Drive. (Ordinance #39-94-PUD-7-94, Rezoning from Office to R1-13.5, Office to RM 6.5, and Office to C-Reg. Service and Resolution#94-169, Site Plan Review) Q. RESOLUTION#94-170. FINAL PLAT FOR WESTON WOODS ON ANDERSON LAKE (Mark of Excellence Builders within the Hartford Place Development) Located East of Prairie Center Drive within Prairie Lakes Drive and Rolling Hills Road R. RESOLUTION #94-171. FINAL PLAT FOR THE SANCTUARY (Nedegaard Homes within the Hartford Place Development)Located East of Prairie Center Drive within Prairie Lakes Drive and Rolling Hills Road S. RESOLUTION#94-172,FINAL PLAT FOR HARTFORD PLACE 2ND ADDITION (Pulte Homes East and West within the Hartford Place Development) Located East of Prairie Center Drive within Prairie Lakes Drive and Rolling Hills Road T. RESOLUTION #94-173, FINAL PLAT FOR HARTFORD PLACE RETAIL ADDITION (Ryan Construction within the Hartford Place Development)Located East of Prairie Center Drive within Prairie Lakes Drive and Rolling Hills Road MOTION: Pidcock moved, seconded by Harris, to approve items A. - T. of the Consent Calendar as presented. Motion carried unanimously. City Council Minutes 4 November 1, 1994 V. PUBLIC HEARINGS/MEETINGS A. MCDONALDS PLAYLAND ADDITION by McDonalds. Request for PUD Concept Amendment and PUD District Review on 1.5 acres, Site Plan Review and Zoning District Amendment on 1.5 acres for a playland addition. Location: Prairie Center Drive and Highway 169. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Continued from October 4, 1994 Jullie said proponent has submitted a revised plan that Staff believes meets the recommendations for changes to the playland addition. Councilmembers concurred that the revised plans do a much better job of integrating the addition with the existing building and the surrounding area. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to approve Resolution#94-174, PUD Concept Amendment; 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. B. SPECIAL ASSESSMENT HEARING FOR THE APPROVAL OF THE 1994 SPECIAL ASSESSMENTS (Resolution #94-175) Alan Gray reviewed the scope, final costs and proposed assessment rates for I.C. 93-5320, Riverview Heights Addition, and for the Supplemental Assessments. Dietz said Staff is proposing to defer to the time of sale or development any assessments above $15,000 for each of the four Franlo Road properties under I.C. 52-132. I.C. 93-5320 - Street and Utility Improvements Riverview Heights Addition There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the public hearing and approve the assessment rolls for I.C. 93-5320 for street and utility improvements in Riverview Heights Addition. Motion carried unanimously. SUPPLEMENTALS David Kraemer, 14506 Staring Lake Parkway, asked that the assessment on his Joyland property, I.D. 21-116-22-41-0036, be deferred to next year since he has not yet been able to begin the development of that property nor has he recorded the plat for the property. Gray said Staff is recommending the postponement. Dietz noted that the property would receive an assessment at the current rates next year so that there might be an increase in the assessment amount. City Council Minutes 5 November 1, 1994 Steve Wagner, 8430 Eden Prairie Road, said the original assessment in 1988 on his property (I.D. 17-116-2244-0013) was based on the potential benefits to his property when it is developed, and development is no closer now than it was at that time due to delays in the final plans for Scenic Heights Road and Highway 212. He said he was forced to put in a new well when the interceptor line was put through. He asked that the entire amount of his assessment be deferred until development occurs. Dietz said that utilities are available to Wagner, that he already has a large portion deferred, and that the current assessment is only $3,311 plus $220. Councilmembers expressed concern that Mr. Wagner cannot develop his property until Scenic Heights Road and Highway 212 are resolved, and discussed whether a precedent would be set if the assessments are deferred on the Wagner property. Charles Blesener, 8561 Franlo Road, said the rule regarding a maximum of $15,000 of assessment per property was set five years ago when the Franlo properties were assessed; however, now we are changing that policy to defer all of the assessments on a property. He was concerned that this change is not fair to him and his neighbors since they are responsible for the full $15,000 before any amount is deferred. He said he has also had to put improvements into his property. Gray pointed out that the Blesener property is guided for multiple land use. Councilmembers discussed whether the situation with the Wagner property was similar to that of the Franlo properties, reaching the consensus that it was not the same. MOTION: Hams moved, seconded by Pidcock, to close the public hearing and to approve the special assessment rolls for the Supplemental Assessments incorporated in the listings in Exhibit A, with a one-year exclusion of the 7oyland property, I.D. 21-116-22-41-0036 and deferment until development of the Wagner property, I.D. 17-116-22-44-0013. Motion carried unanimously. MOTION: Hams moved, seconded by Pidcock, to close the public hearing and adopt Resolution #94-175, certifying the final assessment rolls. Motion carried unanimously. C. CITY WEST ACRES/CENTRON DPL COMPANY by Ryan Construction Company of Minnesota. Request for PUD Concept and District Review on 12.4 acres, Zoning District Amendment in the I-2 Park Zoning District on 12.4 acres, Preliminary Plat on 12.4 acres into 2 lots and Site Plan Review on 5.2 acres. Location: City West Business Center. (Ordinance for Zoning District Amendment and PUD District Review in the 1-2 Park Zoning District on 12.4 acres; Resolution for PUD concept on 12.4 acres and Resolution for Preliminary Plat of 12.04 acres) Kent Carlson, representing Ryan Properties, reviewed the project and asked for an early grading permit if the project is approved tonight. Enger said the Planning Commission recommended approval of the project at their September 26th meeting on a 6-0 vote, subject to the recommendations of the September 23rd Staff Report. The project was not reviewed by the Parks Commission. City Council Minutes 6 November 1, 1994 There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Review; to adopt Resolution#94-176, PUD Concept Review; to adopt Resolution #94-177, Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. LAKE EDENVIEW TOWNHOMES by Thompson Land Development. Request for Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential on 1.64 acres, and from Low Density Residential to Medium Density Residential on .96 acres, Rezoning from Rural to RM-6.5 on 2.6 acres, Site Plan Review on 2.6 acres and Preliminary Plat of 2.6 acres into 8 lots. Location: Franlo Road, south of Prairie Center Drive. (Ordinance for Rezoning from Rural to RM 6.5;Resolution for Comprehensive Guide Plan Change and Resolution for Preliminary Plat) Lee Johnson, representing Thompson Land Development, reviewed the proposal, noting that, while there are no variances required for the project, there will be a private road system for access to Franlo Road. Enger said the Planning Commission reviewed the proposal at their September 26th meeting and continued the Public Hearing after recommending several changes to the project. The Planning Commission again reviewed the project at the October 10th meeting and recommended approval of the revised proposal, subject to the recommendations of the Staff Reports of September 23rd and October 7th. There were no comments from the audience. Councilmembers questioned the price range for the proposed townhomes. Johnson said they will range from $200,000 to $250,000 and up. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution#94-178, Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential; to approve 1st Reading of an Ordinance for Zoning District Change from Rural to RM-6.5; to adopt Resolution#94-179, Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. VACATION 94-09, VACATION OF PART OF THE RIGHT-OF-WAY FOR WEST 82ND STREET (SOUTHERLY) (Continued to November 15) F. VACATION 94-10, VACATION OF EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE IN SECTION 16 (Continued to November 15) G. VACATION 94-11, VACATION OF PART OF THE RIGHT-OF-WAY FOR WEST 82ND STREET (NORTHERLY) (Continued to November 15) City Council Minutes 7 November 1, 1994 H. VACATION 94-12,VACATION OF A TEMPORARY EASEMENT FOR PART OF DELL ROAD LOCATED IN SECTION 6 (Continued to November 15) I. VACATION 94-13, VACATION OF PART OF THE RIGHT-OF-WAY FOR PRAM LAKES DRIVE (Continued to November 15) J. VACATION 94-14, VACATION OF DRAINAGE AND UTILITY EASEMENTS IN CITY WEST BUSINESS CENTER (Continued to November 15) MOTION: Pidcock moved, seconded by Harris, to continue items E-J to the November 15th meeting. 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, Pidcock, and Tenpas voting "aye". VII. ORDINANCES AND RESOLUTIONS VM. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM HTPO FOR CONTRACT ADJUSTMENT FOR PROFESSIONAL SERVICES FOR MU LLER PARK Jullie said Staff is recommending approval of the request from Hansen Thorp Pellinen&Olson, Inc. for an additional fee of$63,693 for the Miller Park services contract to compensate them for the additional time needed to complete the project due primarily to adverse weather conditions during construction. Councilmembers expressed concern about the relatively large size of the additional fee. MOTION: Harris moved, seconded by Pidcock, to approve additional engineering services fee in the amount of$63,693 for HTPO for Miller Park. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COAUMTTEES X. APPOINTMENTS A. APPOINTMENT OF CIMENREPRESENTATIVE TO TRANSPORTATION ALLIANCE Pidcock nominated Sydney Pauly as the citizen representative to the Transportation Alliance. Councilmembers questioned the function of the alliance. Pidcock said it is a group formed to help lobby for transportation needs. City Council Minutes 8 November 1, 1994 MOTION: Pidcock moved, seconded by Harris, to nominate Sydney Pauly, and to adopt Resolution #94-180, appointing Ms. Pauly to the Transportation Alliance. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COI NCILMEMBERS 1. TRAFFIC ON EDEN PRAIRIE ROAD Harris said she had received complaints about speeding on Eden Prairie Road and asked Dietz to investigate the situation. Jullie noted that Councilmember lessen also reported receiving such complaints and that lessen referred the callers to Dietz. 2. PARTICIPATION IN THE HOUSING TASK FORCE Tenpas said he would like to continue to work with the Housing Task Force after his term of office is over and asked the other Councilmembers to consider this at a later meeting when all members are present. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Outdoor Sales and Displays Amendment Enger said the Council, after reviewing the draft amendment at the June 21st meeting, directed the Planning Commission to review the four alternatives presented. He said the Planning Commission reviewed the amendment at the October loth meeting and recommended that there be no change to the City Code, primarily because there does not seem to be a compelling need to change it. Enger said Staff has recommended allowing a small amount of use (0.5%) of the parking area as temporary outdoor display. Councilmembers expressed concern about consistency in application of the ordinance and that all applicants know the rules to be applied. The consensus was to formalize the amendment and try it for one year. Pauly noted that a Public Hearing would be required. MOTION: Harris moved, seconded by Pidcock, to schedule a Public Hearing to consider the Code Amendment, and, if it is approved, to review it after one year. Motion carried unanimously. City Council Minutes 9 November 1, 1994 D. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Review of Midwest Asphalt Land Alteration Permit (Continued from October 4, 1994) Jullie said that a meeting was held on October 14th with Midwest Asphalt, City staff and legal counsel for both sides at which time agreement was reached on several items. He said they are requesting a continuance to allow further dialogue. MOTION: Pidcock moved, seconded by Harris, to direct Staff to continue the dialogue with Midwest Asphalt and, at the request of the proponent, continue this item until the January 17, 1995 Council meeting. Motion carried unanimously. 2. Dell Road Traffic Study Update Dietz reviewed the findings from the traffic study of Dell Road and noted the memo from Chief Clark recommending increased traffic enforcement there by scheduling additional officers on overtime and funded by citation revenue. He said Staff is willing to remove the island median; however, since the petition from the neighborhood residents does not address that issue specifically, they recommend that the neighborhood be informed and polled before the island is removed. Councilmembers expressed concern about additional traffic in the area that will be created by the townhouses to be built on Dell and Hwy. 5. Dietz said some of that traffic will use Evener Way; however, it probably will not add to the level of traffic going to the high school. Terry Van Maasdam, 7627 Kimberly Lane, said they have seen some improvement as a result of the increased traffic enforcement; however, they would like to see the efforts continued. He said he did not think anything needs to be done with the island median on Evener Way at this time. Councilmembers questioned the possibility of using a device that clocks and reports the speed of individual vehicles as a means of reducing speed in the area. Dietz said Staff has borrowed one of the devices from Minnetonka to try out, and we are in the process of determining if we want to invest in one for Eden Prairie. Bill Sutherland, 18654 Kristie Lane, said he is concerned about the dramatic increase in traffic on Dell Road as a result of opening up the short Dell Road segment, particularly the large amount of truck traffic. He said the increased truck traffic also causes a noise problem and he would like to see it closed to large truck traffic. Dietz said the study indicated that 3% of the traffic was trucks, and only about 1% seemed to be through-type trucks. Following a discussion of the problems with truck traffic and noise levels, the Council City Council Minutes 10 November 1, 1994 directed Staff to conduct further study into the truck traffic issue and to return to the Council with a report. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Harris, to adjourn the meeting. Mayor Tenpas closed the meeting at 9:45 p.m.