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City Council - 03/07/1995 1VIINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 7, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCH Y]EMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock,Ross Thorfinnson, Jr. 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 Roger Pauly, and Council Recorder Jan Nelson 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 Pidcock added item XI.A.1. Icy Sidewalks. Case added item XI.A.2. Tour of New History Museum. Jullie added item XI.C.2. Approve Purchase Agreement for Peter George Property and deleted item XI.E.1 Resolution Receiving Feasibility Report for Sunnybrook Road Street and Utility Improvements, I.C. 94-5363. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Agenda as presented and revised. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 1995 MOTION: Thorfinnson moved, seconded by Pidcock, to approve the minutes from the City Council meeting held Tuesday, February 21, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST City Council Minutes - 2 - March 7, 1995 B. 2ND READING OF ORDINANCE NO. 4-95 AMENDING CITY CODE CHAPTER 5, SECTION 5.35, SUBD. 2 AND AMENDING SUBD. 5.B., AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 (Tobacco Sales) C. 2ND READING OF ORDINANCE NO. 6-95 REPEALING SECTIONS 5.31, 5.32 AND 5.38 OF THE CITY CODE D. METRO PRINTING Adoption of Resolution 95-37 Approving Site Plan for Metro Printing. Location: Equitable Drive and Valley View Road. (Resolution 95-37 for Site Plan Review) E. RESOLUTION 95-38 APPROVING FINAL PLAT OF BENT CREEK WOODS 3RD ADDITION (located north of Valley View Road adjacent the Bent Creek Golf Course) F. RESOLUTION 95-39 APPROVING FINAL PLAT OF BEARPATH 4TH ADDITION (located west of Dell Road and east of Wynstone Pass) G. RESOLUTION 95-40 AMENDING FEE RESOLUTION: ADDITIONAL CONNECTION FEE - FRANLO ROAD AND TRUCK OVERWEIGHT PERMIT FEE H. RESOLUTION 95-41 APPROVING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR THE SOUTHWEST UTILITY PHASE II I. REQUEST AUTHORIZATION TO PREPARE PLANS AND SPECIFICATIONS AND OBTAIN BIDS FOR DEHUMIDIFICATION SYSTEM FOR RINK 1 AT COMMUNITY CENTER Regarding item E, Tyra-Lukens said she did not believe the Council directed that street names had to be approved by the Heritage Preservation Commission, rather the direction was that the Commission's role was to suggest names. Councilmembers and Staff discussed how the Heritage Preservation Commission might be brought into the street naming process without unduly prolonging the development review process. The consensus was that the Commission would continue to have input through the Staff Development Review Committee, with a review of the situation in six months. For item I, Tyra-Lukens questioned the use of general funds and replenishing cash park fees with general funds. Lambert said Staff and the Parks Commission have recommended the use of general funds, noting that they will be replenished at the budget hearings next year. MOTION: Pidcock moved, seconded by Case, to approve items A-D, amended item E, and items F-I on the Consent Calendar. Motion carried unanimously. City Council Minutes - 3 - March 7, 1995 V. PUBLIC HEARINGS/MEETINGS A. BRYANT POINTE TWO by Dean Holasek. Request for Zoning District Change from Rural to R1-13.5 and Preliminary Plat of 1.15 acres into 2 lots and road right-of-way. Location: Rowland Road and Orchard Hill. (Ordinance 8-95 for Zoning District from Rural to R1-13.5 and Resolution 95-42 for Preliminary Plat) Dean Holasek reviewed the project. Enger said the Planning Commission reviewed this project on February 13, 1995, and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of February 10, 1995. Lambert said the Parks Commission reviewed the project at the March 6, 1995 meeting and recommended approval, subject to the recommendations of the Staff Reports of February 10 and February 27, 1995. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of Ordinance 8-92 for Zoning District Change from Rural to R1-13.5; to adopt Resolution 95-42 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. BEARPATH CLUBHOUSE by Bearpath Limited Partnership. Request for Planned Unit Development Concept Review on 435 acres, Planned Unit Development District Review on 10.2 acres, Zoning District Amendment in the Rural Zoning District on 10.2 acres and Site Plan Review on 10.2 acres. Location: 18100 Bearpath Trail. (Resolution 95-43 for PUD Concept Review and Ordinance 9-95 for PUD District Review and Zoning District Amendment) John Vogelbacher, representing Bearpath, reviewed the project. Enger said the Planning Commission recommended approval of the project on a unanimous vote at the February 13, 1995 meeting, subject to the recommendations of the Staff Report of February 10, 1995. Lambert said the Parks Commission also recommended approval on a unanimous vote at the March 6, 1995, meeting, subject to the recommendations of the Staff Report of February 10, 1995. Councilmembers expressed concern about the number of trees that will be lost because of the parking lot. Vogelbacher said the project was actually designed in the field in order to save many of the significant trees. City Council Minutes - 4 - March 7, 1995 Councilmembers questioned whether the trails through the project hook up with the public trails and if part of the request is for a waiver for the entry sign. Enger said the sign waiver is part of the PUD process. Vogelbacher said the trails shown on the plans are cart paths, and there are no public trails through the clubhouse portion of the development. Councilmembers expressed concern about setting a precedent by granting a waiver for a sign that is larger than is normally allowed, that proponent did not simply design a sign that would fit within the size allowed by the sign ordinance, and that drawings of the proposed sign were not included with the project material when a waiver is being requested for the sign as part of the project. Enger said this is not a large issue based on the size of the project and the relatively small number of signs to be placed in the project, noting that a similar waiver was granted for Eden Prairie Center. Vogelbacher displayed an elevation of the proposed sign. Enger reviewed the details of the size restrictions and how this design deviates from those restrictions. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of Ordinance 9-95 for Planned Unit Development District Review and Zoning District Amendment on 10.2 acres; to adopt Resolution 95-43 for Planned Unit Development Concept Review; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations Motion carried unanimously. Councilmembers requested that if a waiver is requested as part of a future project appropriate drawings be included with the packets. C. RESOLUTION 95-44 APPROVING PROTECTED USE OF FUNDS FOR YEAR 1995 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL Lindahl noted there is a bill before the U.S. Congress proposing to rescind some of the CDBG funding, so some of these funds could be cut back. Councilmembers questioned how many families will be assisted by the rental housing project, what would happen if some of the CDBG funds were rescinded, and whether there was any discussion of setting aside some of the day care funds for emergencies. Lindahl said a 32-unit project is under consideration, that the Council would review the situation if funds are rescinded in order to determine how to handle any cuts, and that, if the amount needed for emergencies can be identified, we could reallocate a portion for the Eden Prairie HOPE program. City Council Minutes - 5 - March 7, 1995 Councilmembers questioned the amount set aside for transportation and how that amount was arrived at. Lindahl said the Human Rights & Services Commission had concerns about the need for expanded transportation services for the elderly and low income residents, and this amount was the remainder of the total funds available after the requests were received. He said they will probably discuss the transportation issue with Southwest Metro. There were no comments from the audience. MOTION: Case moved, seconded by Pidcock, to close the Public Hearing; and to adopt Resolution 95-44 approving the 1995 Community Development Block Grant (CDBG) activities as recommended by the Human Rights & Services Commission. VI. 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, Thorfinnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VHl. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. PRESENTATION ON MINNETONKA SCHOOL DISTRICT'S YOUTH INITIATIVE PROGRAM Janice Callison, representing the Minnetonka City Council and the Minnetonka School District, reviewed the information obtained about youth of our area and the goals of the recent initiative undertaken by the Minnetonka School District. She encouraged attendance at a meeting of the various local governments and the Minnetonka School District on March 15, 1995 at the Minnetonka Community Center. Councilmembers discussed how this initiative compares with the Youth At Risk program in Eden Prairie and asked if this was also being presented to the Eden Prairie School District. Callison said she did not believe it was being presented to the School District. X. APPOINTMENTS A. 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 (Continued from February 21, 1995) City Council Minutes - 6 - March 7, 1995 B. Human Rights & Services Commission/Human Rights Committee - Appointment of member for a three-year term (Continued from February 21, 1995) C. Human Services Committee-Appointment of 2 members for undetermined terms (Continued from February 21, 1995) MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue these appointments to the March 21, 1995 Council meeting. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Icy Sidewalks Pidcock asked to continue this to the next meeting when she would have her notes with her. 2. Tour of New History Museum Case suggested that the Council take 15 minutes prior to the next scheduled Council meeting for an escorted tour of the newly-opened History Museum. The other Councilmembers agreed. B. REPORT OF CITY MANAGER 1. Proposed Topics and Schedule for City Council/Staff Workshops Case said he would like to see a discussion of the process used to appoint members of the Boards and Commissions prior to the December 19th workshop on the Appointment Process. Tyra-Lukens said she would like to have a second session on the City Budget in order to talk about the process Jullie said the session planned for April 25 was scheduled in response to the budget of last fall and the freezing of$400,000 in appropriations. He said another session could be scheduled to discuss the whole budget process. Pidcock said she has schedule conflicts with the April 25, May 6 and June 20 dates. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES City Council Minutes - 7 - March 7, 1995 1. Recommendation regarding Proposal for Center for the Arts Lambert said one proposal was received in response to the Request for Proposal for operating a center for the arts in Eden Prairie. As outlined in the Staff Memorandum of January 20, 1995, to the Arts Commission reviewing the one proposal received, Staff made six recommendations regarding renovation of the Boyce house for use as an Art Center, conducting a citywide survey, and funding for the operation of the Art Center. Lambert said the Arts Commission supported the first five Staff recommendations and will consider the sixth recommendation after their Strategic Planning Retreat on March llth. Councilmembers expressed concern about the issues raised regarding classes offered. Lambert said they would like to provide a variety of programs for citizens; however, the private group has the gallery as their main focus, with programs offered on the side. He said the survey should help provide input as to what citizens want from the facility. Councilmembers questioned whether the recommendation is for a two-year trial, if there will be a formal proposal forthcoming about use of the Boyce property, and whether the proposal is for the City to fund the renovation of the building. Lambert said the input they received from surrounding communities indicate that we should have a good idea after two years whether it is what we want. He said Staff is recommending that a final proposal not be developed until after the survey is completed and that we authorize the plans and specifications for the facility in order to get some cost estimates without actually committing to the construction. MOTION: Pidcock moved, seconded by Tyra-Lukens,to receive the Staff Report of January 20, 1995 regarding the Center for the Arts and to direct implementation in accordance with Recommendations 1-5 thereof. Motion carried unanimously. 2. Approve Purchase Agreement for Peter George Property Lambert said Staff has drafted a purchase agreement for the purchase of the Peter George property. The closing date is March 15, 1995. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve Resolution 95-45 authorizing the Mayor and City Manager to execute the Purchase Agreement for the Peter George property and authorizing the commencement of proceedings under eminent domain if the Purchase Agreement is not agreed upon. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT City Council Minutes - 8 - March 7, 1995 E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution Receiving Feasibility Report for Sunnybrook Road Street and Utility Improvements, I.C. 94-5363 Item deleted from Agenda. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XM. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:15 p.m.