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City Council - 02/21/1995 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 21, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCH MEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jul fie, 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 Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added items M.A. 1. Discussion regarding neighborhood along Hwy. 169 and M.A. 2. Attendance at Chamber meeting on February 22nd. Tyra-Lukens added items M.A.3. Noise ordinance regarding barking dog and item M.A.4. "Healthy Eden Prairie" Initiative. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Agenda as presented and revised. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. JOINT CITY COUNCIL/HUMAN RIGHTS & SERVICES COMMISSION MEETING HELD TUESDAY, JANUARY 17, 1995 MOTION: Pidcock moved, seconded by Thorfmnson, to approve the minutes of the Joint City Council/Human Rights & Services Commission Meeting held Tuesday, January 17, 1995. Motion carried unanimously.: B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 7, 1995 MOTION: Pidcock moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, February 7, 1995. Motion carried with Tyra-Lukens abstaining. City Council Minutes February 21, 1995 Page Two IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CHALLENGE PRINTING 2nd Reading of Ordinance 5-95 for Zoning District Change from Rural to I-2 on 2 acres; Adoption of Resolution 95-30 Approving Site Plan Review for Challenge Printing; Approval of a Developer's Agreement for Challenge Printing by Challenge Printing. Location: 7540 Golden Triangle Drive. (Ordinance 5-95 for Zoning District Change and Resolution No. 95-30 for Site Plan Review) C. METRO PRINTING 2nd Reading of Ordinance 3-95-PUD-2-95 for PUD District Amendment on 20.15 acres, PUD District Review on 7.675 acres, and Zoning District Change from Community Commercial to I-2 on 7.675 acres; Approval of a Developer's Agreement for Metro Printing by Metro Printing, Inc. Location: Equitable Drive and Valley View Road. (Ordinance 3-95-PUD-2-95 for PUD District Amendment, PUD District Review and Zoning District Change) D. CONTRACT FOR WORK ON 494 TRAFFIC REDUCTION PROGRAM E. FINAL PLAT APPROVAL OF HAWTHORNE OF EDEN PRAIRIE 4TH ADDITION, located west of Dell Road and north of Erin Bay. Resolution No. 95-31 F. FINAL PLAT APPROVAL OF ST. MELLION PLACE, located within Bearpath. Resolution No. 95-32 G. APPROVE AGREEMENTS REGARDING UTILITY ADDITIONAL CONNECTION CHARGES FOR FOUR HOMESTEADED PROPERTIES ON FRANLO ROAD MOTION: Pidcock moved, seconded by Case, to approve items A-G on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. VACATION 94-15 - VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH STREET (Resolution No. 95-33) Continued from December 20, 1994 MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing and to adopt Resolution 95-33 for Vacation 94-15, vacating right-of-way for part of West 70th Street. Motion carried unanimously. City Council Minutes February 21, 1995 Page Three B. BIRDIE'S SPORTS PARK by Parvest, Inc. Request for Guide Plan Change from High Density Residential to Regional Commercial on 2.2 acres, Zoning District Change from Rural to Commercial Regional Service on 2.2 acres and Site Plan Review on 2.2 acres. Location: Lot 17 Block 1, Fountain Place Apartments. (Ordinance No. 7-95 for Zoning District Change from Rural to Commercial Regional Service and Resolution No. 95-34 for Guide Plan Change) Ty Ritter, representing Parvest, Inc., reviewed the project. He asked for permission to begin early grading and footing construction. Enger said the Planning Commission reviewed the project at the January 23rd meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of January 20, 1995. He said the project will require approval of a variance by the Board of Appeals and Adjustments. The project was not reviewed by the Parks, Recreation & Natural Resources Commission. Councilmembers expressed concern about safety issues caused by increased traffic in an area that already has high traffic volume. Ritter said that their peak times will be different from those of surrounding areas as their peak hours are evenings and weekends. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt the Resolution No. 95-34 for a Guide Plan Change from High Density Residential to Regional Commercial on 2.2 acres; to approve First Reading for Ordinance 7-95 for a Zoning District Change from Rural to Regional Service and Site Plan review on 2.2 acres; and to direct staff to prepare a development agreement incorporating commission and staff recommendations and to provide a detailed report regarding the project's impact on traffic in the area before Second Reading. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to grant the request for early grading and foundation construction at proponent's own risk. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE NO.4-95 AMENDING SECTIONS 5.35 AND 5.36 OF CITY CODE (Tobacco Sales) Jullie said Staff has prepared an ordinance amending regulation of the retail sale of tobacco products, per the recommendations of the Tobacco Ordinance Task Force. City Council Minutes February 21, 1995 Page Four Councilmembers expressed concern about the terms regarding functionality of the alarm system provision and what the penalty would be if the alarm did not function. Pauly said the ordinance requires that the alarm system have an audible signal and that violating the ordinance would be a misdemeanor. Councilmembers questioned what the process will be if a non-functioning system is found. Pauly said the Police Department will regularly check the retail establishments and will be able to arrest the parties involved if the alarm is not functioning. He said a citizen also could make a complaint against an establishment that is in violation of the ordinance. MOTION: Case moved, seconded by Pidcock, to approve the First Reading of Ordinance 4-95 Amending Sections 5.35 and 5.36 of the City Code which relate to the retail sale of tobacco related products. Motion carried unanimously. B. RESOLUTION NO.95-35 SUPPORTING PROPOSED 1995 LEGISLATION FOR EDEN PRAIRIE FIRE RELIEF ASSOCIATION Referring to the Staff Memorandum of February 21, 1995, Jullie said we have identified some changes that probably would be supported by the interested parties in the issue and that will result in a significant reduction in the required City contribution to the Relief Association. He said Staff is recommending that the a resolution be adopted supporting the legislation proposing changes in the Fire Relief Association and requesting that the legislature approve the changes. Councilmembers questioned whether there will be an impact beyond Eden Prairie, whether other cities have adopted similar packages, and what the average vesting time is in other cities. Jullie said this would affect Eden Prairie only and that he is not aware of any cities that have exactly the same package. Jullie said the average time before vesting is probably closer to 20 years than ten years; however, there is a wide variance from city to city from a low of five years to 20 years or more. Councilmembers expressed concern about the legislation setting a precedent for other cities. Jullie said the League of Minnesota Cities are aware of the proposed changes and have not indicated opposition. The consensus was that Eden Prairie faces some specific issues here in recruiting firefighters and we have to consider what is best for the City. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adopt Resolution 95-35 supporting changes in the Eden Prairie Fire Relief Association Benefits and requesting approval by the Legislature. Motion carried unanimously. C. ORDINANCE 6-95 REPEALING SECTIONS 5.31, 5.32 AND 5.38 OF THE CITY CODE Jullie said Staff is continuing to review the code for outdated ordinances and other changes and is recommending the repeal of three sections that are no longer necessary. City Council Minutes February 21, 1995 Page Five MOTION: Pidcock moved, seconded by Case, to approve the First Reading of Ordinance 6-95 repealing 5.31, 5.32 and 5.38 of the City Code. Motion carried unanimously. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST RE: SANDING OF TRAILS Jullie said Staff is recommending a continuance of this item. Councilmembers expressed concern that this is an issue that should be addressed in a more timely manner than will be done by continuing this. Jullie said the specific issue that prompted the Parks Commission review was dealt with shortly after the request was received. MOTION: Pidcock moved, seconded by Thorfinnson, to continue this item to the 2nd meeting in March. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES X. APPOINTMENTS Harris reviewed the nominating and voting procedures for the appointments. She noted that Staff is recommending that no appointments be made to the Human Rights & Services Commission until the first meeting in March. The written ballots relating to Appointments, Agenda Item X, are attached as a part of these minutes. Councilmembers expressed appreciation for the many outstanding candidates who offered to serve on the Boards and Commissions this year. A. Arts Commission - Appointment of 2 members for three-year terms Case nominated Rachel Hutter and Emmett Stark. Tyra-Lukens nominated David Steppet. Pidcock nominated Lois Schlampp. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the nominations. Motion carried unanimously. The results of the voting were: 5 votes for Stark; 3 votes for Schlampp; and 1 each for Steppet and Hutter. MOTION: Pidcock moved, seconded by Tyra-Lukens, to appoint Emmett Stark and Lois Schlampp to three-year terms on the Arts Commission. Motion carried unanimously. B. Board of Appeals & Adjustments -Appointment of 1 member for a three-year term Thorfinnson nominated Mark Rofshus and Matthew Hansen. Pidcock nominated David Gronwall. City Council Minutes Tuesday, February 21, 1995 Page Six MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the nominations. Motion carried unanimously. The results of the voting were: 4 votes for Hansen; 1 vote for Rofshus. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to appoint Matthew Hansen for a three-year term on the Board of Appeals & Adjustments. C. Environmental & Waste Management Commission - Appointment of 4 members: 3 for three-year terms, and 1 to fill an unexpired term to 2/28/96 Tyra-Lukens nominated Richard Morgan, Rodney Miller, Reed Larson, and Sabina Kitts. Pidcock nominated Tarif Jaber. MOTION: Case moved, seconded by Pidcock, to close the nominations. Motion carried unanimously. The results of the voting were: 5 votes each for Kitts and Larson, 4 votes for Miller, 3 votes for Jaber and 2 votes for Morgan. MOTION: Case moved, seconded by Pidcock, to appoint Richard Morgan, Reed Larson and Tarif Jaber for three-year terms and Sabina Kitts for the unexpired term on the Environmental &Waste Management Commission. Motion carried unanimously. D. Flying Cloud Airport Advisory Commission - Appointment of 1 member for a three-year term - citizen representative Pidcock nominated Duane Byrne and William Turkula. Thorfinnson nominated Bill Doty. Case nominated Peter Keller. MOTION: Pidcock moved, seconded by Thorfinnson, to close the nominations. Motion carried unanimously. The results of the vote were: 2 votes for Keller, and 1 vote each for Byrne, Turkula and Doty. On the second ballot the results were: 3 votes for Keller and 1 vote each for Turkula and Doty. MOTION: Case moved, seconded by Thorfinnson, to appoint Peter Keller to a three-year term as citizen representative to the Flying Cloud Airport Advisory Commission. Motion carried unanimously. E. Heritage Preservation Commission -Appointment of 2 members for three-year terms, and 1 appointment to fill an unexpired term to 2/28/97 Case said he would abstain from nominating and voting for this Commission. Tyra-Lukens nominated Kathie Case, Jane Hession and James Wilson. City Council Minutes Tuesday, February 21, 1995 Page Seven MOTION: Pidcock moved, seconded by Thorfinnson, to close the nominations. Motion carried with Case abstaining. MOTION: Pidcock moved, seconded by Tyra-Lukens, to appoint Hession and Wilson for three-year terms and Kathie Case for the unexpired term on the Heritage Preservation Commission. Motion carried with Case abstaining. F. Human Rights & Services Commission/Human Services Committee - Appointment of 3 members: 2 Appointments for three-year terms, and 1 appointment to fill an unexpired term to 2/28/97 G. Human Rights & Services Commission/Human Rights Committee - Appointment of member for a three-year term H. Human Services Committee-Appointment of 2 members for undetermined terms Items F, G, & H were were continued to the first meeting in March. I. Parks. Recreation & Natural Resources Commission - Appointment of 2 members for three-year terms Tyra-Lukens nominated Donald Jacobson and David Kracum. Pidcock nominated Sherie Bentley. Thorfinnson nominated Marvin Cofer. MOTION: Tyra-Lukens moved, seconded by Case, to close the nominations. Motion carried unanimously. The results of the vote were: 5 votes for Kracum, 3 votes for Jacobson, 1 vote for Bentley and 1 vote for Cofer. MOTION: Case moved, seconded by Thorfinnson, to appoint David Kracum and Donald Jacobson to three-year terms on the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. J. Planning Commission - Appointment of 3 members for three-year terms Pidcock nominated George Bentley, Kenneth Clinton and Mary Jane Wissner. Thorfinnson nominated Ismail Ismail. Case nominated Scott Mace. Tyra-Lukens nominated Mark Rofshus. MOTION: Pidcock moved, seconded by Case, to close the nominations. Motion carried unanimously. The results of the vote were: 5 votes each for Clinton and Wissner, 2 votes each for Bentley and Ismail, and 1 vote for Mace. The results of the second vote were: 2 votes each for Bentley and Ismail, and 1 vote for Mace. City Council Minutes February 21, 1995 Page Eight The results of the third vote were: 3 votes for Ismail and 2 votes for Bentley. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to appoint Clinton, Wissner and Ismail to three-year terms on the Planning Commission. Motion carried unanimously. K. South Hennepin Regional Planning Agency - (SHeRPA) - Appointment of Councilmember representative; appointment process for two members from advisory boards MOTION: Pidcock moved, seconded by Tyra-Lukens, to appoint Councilmember Thorfinnson to the South Hennepin Regional Planning Agency. Motion carried unanimously. The appointments of the other two representatives will be continued to the first meeting in March when the Human Rights and Services appointments are made. L. Community Needs and Resources Council - Appointment of Councilmember representative MOTION: Case moved, seconded by Pidcock, to appoint Councilmember Tyra- Lukens to the Community Needs and Resources Council. Motion carried unanimously. M. Tree Preservation Ordinance Review Committee-Appointment of residents at- large Case nominated Brett Hope, Tom Boyce and Scott Wallace. Pidcock nominated Beth Simenstad. MOTION: Case moved, seconded by Tyra-Lukens, to close the nominations and appoint Hope, Boyce, Wallace and Simenstad to the Tree Preservation Ordinance Review Committee. Motion carried unanimously. N. Special Board of Review - Appointment of representatives and setting of 1995 meeting date as Thursday, April 20, 1995 at 7:30 p.m. Jullie said Staff is recommending that Phil Olson, Gary Johnson, Dick Sager, Mike Best and Annette O'Connor be appointed to the Special Board of Review and that 7:30 p.m., Thursday, April 29, 1995, be set as the meeting date for the Special Board of Review. MOTION: Pidcock moved, seconded by Case, to accept the Staff recommendations and appoint Phil Olson, Gary Johnson, Dick Sager, Mike Best and Annette O'Connor to the Special Board of Review. Motion carried unanimously. MOTION: Case moved, seconded by Pidcock, to set the 1995 meeting date of the Special Board of Review at 7:30 p.m., Thursday, April 20, 1995. Motion carried unanimously. City Council Minutes February 21, 1995 Page Nine XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Discussion regarding neighborhood along Hwy. 169 Case said he had received a call from a property owner on Hwy. 169 south of Eden Prairie Center who was concerned with the City's plan to limit access to Hwy. 169. He asked that Staff meet with the neighborhood residents and the developer to discuss the neighborhood concerns. 2. Attendance at Chamber meeting on February 22nd Case said he planned to attend the Chamber meeting and asked for clarification on the open meeting law in case other Councilmembers also planned to attend. Pauly said he would recirculate a memo he wrote a year or so ago that set out the principles regarding those types of occasions that would be considered a meeting. Councilmembers could then direct questions to Mr. Pauly after they have reviewed his memo. 3. Noise ordinance regarding barking dog Tyra-Lukens said she had received a letter from the resident complaining about a neighbor's dog barking between midnight and 5:00 a.m. when the Animal Control officer is not available. Jullie said Staff will get some more details and will follow up on the problem. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. MIDWEST ASPHALT, preliminary review of development and land alteration plans (continued from January 17, 1995) Jullie said the proponent has requested a continuance to the March 21 st meeting to allow time for proponent and Staff to meet and resolve some outstanding issues. MOTION: Pidcock moved, seconded by Thorfinnson, to continue this item to the March 21, 1995, meeting. Motion carried unanimously. 2. Award of Contract for 1995 City Street Sweeping - I.C.# 95-5379 Resolution No. 95-36 City Council Minutes February 21, 1995 Page Ten Dietz reviewed the bid tabulation for the City street sweeping contract and said that Staff is recommending the contract be awarded to Clean Sweep whose bid was $26,910. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt Resolution No. 95-36 awarding the contract for 1995 City street sweeping to Clean Sweep. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XIU. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:05 p.m.