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City Council - 02/07/1995 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 7,1995 7:30 PM,CITY CENTER Council Chamber 8080 Mitchell Road COUNCII,MEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, and Nancy Tyra-Lukens 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 Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. Councilmember Tyra-Lukens was absent. APPOINTMENT OF COUNCILMEMBER TO FILL UNEXPIRED TERM THROUGH DECEMBER 31,1996 Mayor Harris asked Councilmembers to place one name in nomination to fill the unexpired Council term through December 31, 1996. Case, Pidcock and Harris each nominated Ross Thorfinnson, Jr., citing as reasons for their selection Thorfinnson's broad-based perspective, track record of involvement in community activities,and voter support as evidenced in the recent election. MOTION: Case moved, seconded by Pidcock, to close the nominations and cast a unanimous ballot for Ross Thorfmnson,Jr. Motion carried unanimously. ADMINISTER OATH FOR NEW COUNCILMEMBER Assistant City Attorney Ric Rosow administered the Oath of Office to Ross Thorfinnson,Jr. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Items XI.A.1. Howard Peterson and XI.A.2. Metropolitan Council and Southwest Metro Transit. MOTION: Pidcock moved, seconded by Case,to approve the Agenda as presented and revised. Motion carried unanimously. CITY COUNCIL MINUTES 2 February 7, 1995 II. OPEN PODIUM Pidcock noted that Eden Prairie has again received a Certificate of Achievement awarded by the Government Finance Officers'Association for excellence in financial reporting. M. MINUTES A. JOINT CITY COUNCIL/PARKS, RECREATION & NATURAL RESOURCES COMMIISSION/PLANNING COMMISSION MEETING HELD MONDAY, JANUARY 30, 1995 MOTION: Case moved, seconded by Hams, to approve the minutes of the Joint City Council/Parks, Recreation & Natural Resources Commission/ Planning Commission meeting held Monday, January, 30 1995. Motion carried with Thorfinnson and Pidcock abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17,1995 MOTION: Case moved, seconded by Pidcock, to approve the minutes of the City Council meeting held Tuesday, January 17, 1995. Motion carried with Thorfinnson abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT PROCLAMATION FOR VOLUNTEERS OF AMERICA WEEK IN EDEN PRAHUE,MARCH 5-12,1995 C. RESOLUTION NO. 95-22 APPROVING JOINT POWERS AGREEMENT FOR SOUTHWEST MUTUAL AID ASSOCIATION D. APPROVAL OF PURCHASE AGREEMENT AND OPTION AGREEMENT FOR KLEIN/PETERSON PROPERTY(Resolution No.95-23) E. APPROVAL OF RECOMMENDATION TO ACCEPT LAND DONATION FOR CONSERVATION PURPOSES F. APPROVAL OF SENIOR CENTER WOODWORK SHOP PUBLIC USE POLICIES G. ADVERTISING SIGN ZONE REMOVAL 2nd Reading_ of Ordinance No. 2-95 an Section 11.70 and repealing Section 11.71 H. RESOLUTION NO. 95-24 AFFROVING CEDAR IEMLS REGISTERED LAND SURVEY(located north of TH 169 and east of String Road) CITY COUNCIL MINUTES 3 February 7, 1995 L RESOLUTION NO. 95-25 TO PROHIBIT PARKING ON CSAH 62 (from CSAH 4 to TH 101),I.C.52-103 J. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 FOR ARCHITECT-ENGINEER SERVICES FOR WELL HOUSE NO. 12,I.C.94-5356 K. RESOLUTION NO. 95-26 RELATING TO THE CANCELLATION OF FORFEITURE RELATING TO TAX PARCEL 01-116-22-31-W27 MOTION: Pidcock moved, seconded by Case, to approve items A-K on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. PIONEER RIDGE 2ND ADDITION by R.H.Development. Request for PUD Concept Review on 19.03 acres, PUD District Review on 12.13 acres, Rezoning from Rural to R1-13.5 on 12.13 acres and Preliminary Plat of 12.13 acres into 25 single family lots. Location: County Road 4 and Pioneer Trail. (Resolution No. 95-27 for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and Resolution No. 95-28 for Preliminary Plat) Ron Helmer,representing R. H. Development,reviewed the project. Enger said the Planning Commission reviewed the proposal at the January 9, 1995 meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of January 6, 1995. He said the Commission was concerned about the grade of the property to the north of Azalea Trail and about the issue of screening for the property to the north. Enger said Staff is recommending that they work with the property owners, the County and the developer to resolve the last remaining issues regarding access and privacy screening. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the proposal at the February 6, 1995, meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Reports of January 6,and February 1, 1995. He said the Parks Commission agreed with the Staff recommendation that a sidewalk be constructed on the north side of Azalea Trail, concurrent with development of that property. Councilmembers questioned whether the sidewalk could be placed on the south side of Azalea Trail in order to cut down on the effect on the property to the north, whether additional plantings could be required if the natural vegetation is destroyed, and whether the sidewalk can be continued on the three developed lots adjacent to this development. Councilmembers expressed concern about preserving the natural vegetation hedge on the property line to the north. Lambert said the plantings issue could be looked into with the developer, and Staff could come back with recommendations on the plantings and the CITY COUNCIL MINUTES 4 February 7, 1995 location of the sidewalk before 2nd Reading. Lambert said Staff will have to talk to the owners of the three adjacent lots about the sidewalk, since the sidewalk could be put in the right-of-way but it would be a question of who will pay. Councilmembers questioned the process used to name streets in areas that are being developed, whether the Heritage Preservation Commission could be included in the street-naming process, and whether the question of flow is looked at when the decision is made that wetlands will not be disturbed. Dietz said the name, "Azalea Trail," was selected in a previous plat of the property and that Staff usually lets the developer decide the street names. Lambert said the Parks and Recreation Department does not make the decision regarding wetlands, rather it is state law regarding maintaining wetlands and the drainage to wetlands. Larry Johnson, 8947 Eden Prairie Road, said he is concerned about the grade difference between County Road 4 and Eden Prairie Road and about the screening of traffic, especially if a sidewalk is put in on the north side. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing, to adopt Resolution No. 95-27 for PUD Concept Review,to approve 1 st Reading of an Ordinance for PUD District Review and Rezoning from Rural to R1-13.5; to adopt Resolution No. 95-28 for Preliminary Plat approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and with the further condition that Staff and proponent work between 1st and 2nd Readings to address the issues of screening,the sidewalk,and the right-of-way. Motion carried unanimously. VL PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson and Harris voting"aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS,REQUESTS AND COMMUNICATIONS A. REQUEST FROM TANDEM PROPERTIES FOR THE CITY COUNCIL TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS DENIAL DECISION OF SIGN VARIANCE REQUEST NO. 95-06, AND SET NEARING DATE TO MARCH 21, 1995 MOTION: Pidcock moved, seconded by Case, to review the 15oard of Adjustments and Appeals denial decision of Sign Variance Request No. 95-06, and set a hearing date for March 21, 1995. CITY COUNCIL NIINUTES 5 February 7, 1995 AMENDMENT TO THE MOTION: Case moved, seconded by Pidcock, to add the request that Tandem Properties submit the plan to the Heritage Preservation Commission and the Arts Commission for their input. Enger noted that the legal interpretation of this issue would be reserved to the City Council and to the Board of Adjustments and Appeals. Councilmembers expressed concern that submitting the request to the Heritage Preservation and Arts Commissions might set a precedent that is not appropriate, that denying the request might also set an inappropriate precedent and that, while the issues involved in submitting the request to the two Commissions are important, this case may not be the appropriate one to use to explore those issues. Councilmembers discussed having the Heritage Preservation Commission and the Arts Commission examine the ordinance and give their perspective on the issues involved. VOTE ON THE AMENDMENT: Motion failed with Pidcocy,Thorfinnson and Harris opposed. VOTE ON THE MOTION: Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS,COMMISSIONS &COMMITTEES X. APPOINTMENTS A. APPOINT TWO COUNCILMEMBERS TO THE HOUSING & SOCIAL SERVICES COMMITTEE MOTION: Case moved, seconded by Pidcock, to appoint Thorfinnson and Pidcock to serve on the Housing& Social Services Committee. Motion carried unanimously. B. APPOINTMENT TO THE I-494 CORRIDOR COMMISSION MOTION: Pidcock moved, seconded by Case, to appoint Thorfinnson to serve as the representative to the I-494 Corridor Commission. Motion carried unanimously. C. FORMATION OF TREE ORDINANCE STUDY COMMITTEE Lambert said the Parks Commission reviewed the recommendation made at the Joint Council/Parks Commission/Planning Commission meeting at their February 6, 1995, meeting and recommended that the study committee be formed. The Commission also selected two Commissioners to serve as representatives on the Committee and requested that the Commission be allowed to submit a list of names for the citizen/developer representatives. CITY COUNCIL MINUTES 6 February 7, 1995 MOTION: Pidcock moved, seconded by Thorfinnson, to establish the Tree Ordinance Study Committee to review the present Tree Replacement Ordinance. Motion carried unanimously. MOTION: Pidcock moved, seconded by Thorfinnson,to appoint Case and Tyra-Lukens to serve on the Tree Ordinance Study Committee. Motion carried unanimously. Councilmembers discussed the criteria for appointment of the citizen/developer committee members. The consensus was to have Staff and the Parks Commission prepare a list of names from which the Council will select the balance of the Committee membership at the February 21, 1995 meeting. Xi. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Howard Peterson Pidcock said she would like to be sure that Howard Peterson is honored for his years of service to the Watershed District. Jullie said he would be recognized at the Awards Banquet. 2. Metropolitan Council and Southwest Met..rirwu�it Pidcock said that the Metropolitan Council has not yet given approval of the 1995 amended budget for Southwest Metro Transit Commission and she asked Councilmembers and Staff to use their influence with any Met Council members to get the approval. The Met Council is asking Southwest Metro to donate part of their funds back to the Council because they have no funds available for regional uses. Jullie said Staff could draft a letter so that we can stay involved with the process and ask for their cooperation. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Citizen Involvement in Monitoring Development Lambert said that, at the recent joint meeting of the Council, Parks Commission and Planning Commission, staff was directed to provide a recommendation on using citizens to help monitor development throughout the community. On the advice of the City Attorney, Staff is recommending that the first method outlined in the Staff Report of February 7, 1995 be adopted whereby at the end of the approval process a summary sheet is sent to the surrounding neighbors of new development proposals. The summary would provide information on what was CITY COUNCIL MINUTES 7 February 7, 1995 approved, when development could be expected to begin and any special conditions of approval. Names and phone numbers of City staff would be listed so that citizens could call for information or to report concerns. MOTION: Pidcock moved, seconded by Case, to set up a six month trial of the process for the communication and monitoring of development projects to citizens per the recommendations of the Staff Report of February 7, 1995. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMARWITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Utility Rate Adiustments (Resolution) Dietz reviewed his memo of February 7, 1995, recommending the amendment of Fee Resolution No. 95-1 to increase sanitary sewer and water user charges a total of 7%. Councilmembers asked about the cost of sanitary sewer per 1000 gallons, the metro average for water and sewer, and if there is an optimum Ievel of retained earnings. Dietz explained the three factors that work together to determine the cost of sanitary sewer, noting that it is difficult to get an average figure for metro water and sewer. Dietz said we have tried to keep the retained earnings at $1 million, although retained earnings tend to increase shortly after rates are increased, with a gradual decrease as the costs catch up to the rate increase_ He said it may be that we should consider making more frequent adjustments. MOTION: Pidcock moved, seconded by Case, to adopt Resolution No. 95-29 amending Resolution No. 95-1 to increase sanitary sewer and water user charges a combined total of 71/o, per the recommendations of the Staff Report of February 7, 1995. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:50 p.m.