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City Council - 03/21/1995 MINUTES fio InR EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 21, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIIAVI MBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfnmson,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 Ric Rosow, 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 Thorfinnson added item XI.A.2. Reverse Commute Job Fair II. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MARCH 7, 1995 Case asked that concerns expressed during the meeting be attributed to specific Councilmembers in order to clarify the minutes. The consensus was that the minutes should be kept as brief as possible, while still identifying the unique perspectives of the Councilmembers. MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the City Council meeting held Tuesday, March 7, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION NO. 95-46 SETTING PUBLIC HEARING DATE FOR CHANGE OF OWNERSHIP IN CABLE FRANCHISE FOR APRIL 18 1995 C. APPROVE PROPOSAL FOR BFI TO OPERATE SPRING CLEAN- UP/DROP OFF PROGRAM City Council Minutes Tuesday, March 21, 1995 Page Two D. SET DATES FOR FUTURE COUNCIL/STAFF WORKSHOPS E. PROCLAMATION FOR MEDICAL LABORATORY PROFESSIONS WEEK, APRIL 16-22, 1995 F. PROCLAMATION FOR DAYS OF REMEMBRANCE, APRIL 23-30, 1995 G. APPROVE CHANGE ORDER NO. 1 FOR WELL HOUSES NOS. 11 & 12, I.C. 94-5356 H. RESOLUTION NO. 95-47 REVOKING MUNICIPAL STATE AID STREET DESIGNATION I. RESCHEDULE TULY 4. 1995 CITY COUNCIL MEETING TO JULY 11, 1995 J. RESOLUTION NO.95-48 ESTABLISHING NEW MUNICIPAL STATE AID STREETS K. RESOLUTION NO. 95-49 APPROVING FINAL PLAT OF EDENVALE LOTH ADDITION, located at the SW quadrant of Valley View Road and Equitable Drive MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve items A-K on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIMEETINGS A. AMERICAN LUTHERAN CHURCH 2ND ADDITION by Hustad Land Company. Request for Comprehensive Guide Plan Change from Church to Low Density Residential on 5.49 acres, Zoning District Change from Public/R1-22 to R1-13.5 on 5.49 acres and Preliminary Plat of 7.79 acres into 13 lots and 3 outlots. Location: SW Corner of Bennett Place and Pioneer Trail. (Resolution No. 95-50 for Comprehensive Guide Plan Change, Ordinance No. 10-95 for Zoning District Change, Resolution No. 95-51 for Preliminary Plat) Beth Simenstad, representing Hustad Land Company, reviewed the proposal. Enger said the Planning Commission reviewed the project at the February 27, 1995 meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of February 24, 1995. He said that Staff members from the Engineering and Planning Departments met with some of the neighbors to review the project earlier this evening. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project on March 6, 1995, and recommended approval on a 5-0 vote, per the plan dated February 24, 1995, and subject to the recommendations of the Staff Reports of February 24 and February 28, 1995. City Council Minutes Tuesday, March 21, 1995 Page Three Gray reviewed the concerns expressed by the neighbors during the informational meeting preceding the Council meeting. There were concerns regarding traffic in the area, and questions why the cul-de-sac could not connect to County Road I-or to-Purgatory Road.-.He noted that the County probably would not allow a connection out to County Road 1. .Councilmembers questioned where additional connections in the area out to County Road 1 or Franlo Road will be made, how the NURP pond overflow will be handled, and whether any reconfiguration could be done to Lots 7, 8 and 9 because of their proximity to County Road 1. Gray said the location of connections out of the area will probably depend on development plans for the undev_eioped parceis.to the_east and south of'this project. .Gray said there is a storm sewer in place to carry storm drainage to the north and then to Purgatory Creek and noted that the NURP pond will help to reduce the peaks in storm water flow and will provide some treatment for runoff. Simenstad said they will need to have the number of lots proposed in order to be able to proceed with the development. Case expressed concern about saving as many trees as possible in the area, particularly near the NURP pond and on Outlot A. Gray said that the issue of trees on Outlot A will be addressed at the time the additional parking lot for the church is developed. He said the trees near the NURP pond are not considered significant trees. Elizabeth Cardarelle, 9912 Windsor Terrace, stated her concerns about the traffic at the intersection of Blossom Road and Bennett Place, particularly with regard to left turns out of the neighborhood and the school bus stop at that intersection. She asked if a temporary traffic light or stop sign could be put in place there. Gray said this issue was discussed at the neighborhood meeting and Staff will contact the County to request a traffic study at that intersection to see if a signal light is warranted. Mike Mylin, 11180 Blossom Road, reviewed a petition from the neighborhood opposing the proposal because of concerns regarding safety issues, additional traffic added by the project, and destruction of the aspen grove at the corner of Pioneer and Bennett. He asked if the NURP pond could be positioned somewhere else as it would work better for the neighborhood that way. Steve Andert, 9722 Purgatory Road, said he is concerned about children's safety and the long term traffic flow. He asked if an entrance could be put through to County Road 1 at Lot 8 and if the speed limits on County Road 1 could be lowered. He was also concerned about the quality of the water in the NURP pond. Gray said a larger pond has a better biology and will become a natural setting. Pidcock questioned whether other alternatives had been considered for the project. Simenstad said they would be willing to look at a different proposal; however they have worked on this since March of 1994 and had discarded a plan to put the entrance at Purgatory Road because of the existing topography, the NURP pond and the safety issues. City Council Minutes Tuesday, March 21, 1995 Page Four Mark Hutkey, 9833 Bennett Place, expressed concern about children's safety and the size of the inlets and outlets for the NURP pond. He asked if landscaping could be added to the pond and if there were plans to manage the pond. Jody Anderson, 9717 Purgatory Road, said they purchased their lot at the corner of Bennett and Purgatory because of the seclusion, and they enjoy the trees across the road where the NURP pond will be built. MOTION: Case moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. Councilmembers questioned whether there is a better way to direct the traffic flow, whether stop signs or signal lights could be used to help the traffic situation on:Bennett, 'and whether the neighborhood participated in the design process. Dietz said Bennett Place was a difficult road to build and the decision was made early in the design to not connect Blossom to County Road 1. He said the 13 homes will not add significantly to the traffic in the neighborhood. He noted that, while there may be an opportunity for ponding on the north side of County Road 1, it is not practical to get the water from the southeast corner of the intersection to the north side of the road. Gray said the traffic study should help determine if stop signs or a signal light would help the traffic situation. Simenstad said they sent a letter with the plat to the neighbors in early March and there was some earlier contact when the connection was proposed at Purgatory Road. Enger said the notice of the Public Hearing would have gone out prior to the February 27th Planning Commission meeting. Case said he would like to see some additional plantings near the church property and some along Pioneer Trail and the NURP pond. MOTION: Pidcock moved, seconded by Thorfinnson, to approve 1st Reading of Ordinance No. 10-95 for Zoning District Change; to adopt Resolution No. 95- 50 for Comprehensive Guide Plan Change; to adopt Resolution No. 95-51 for Preliminary Plat of 7.79 acres into 13 lots and 3 outlots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, to coordinate a traffic study to address the neighborhood concerns about traffic problems, and to work with the developer to add landscaping and trees as suggested. Motion carried unanimously. B. DELEGARD COMMERCIAL by Curt and Duane Delegard. Request for Planned Unit Development Concept Review on 88.5 acres, Planned Unit Development District Review on 3.66 acres, Zoning District Change from Rural to Neighborhood Commercial on 3.66 acres, Preliminary Plat of 3.66 acres into 3 lots and Site Plan Review on 3.66 acres. Location: Dell Road and Highway 212. (Resolution No. 95-52 for PUD Concept Review, Ordinance No. I1-95 for PUD District Review and Zoning District Change from Rural to Neighborhood Commercial and Resolution No. 95-53 for Preliminary Plat) Bob Smith, representing proponent, reviewed the project. City Council Minutes Tuesday, March 21, 1995 Page Five Enger said the Planning Commission reviewed the proposal at the February 27, 1995, meeting and voted unanimous approval, subject to the recommendations of the Staff Report of February 24, 1995. He said the project was not reviewed by the Parks Commission. Tyra-Lukens asked for clarification of the waiver request and if the number of parking spots is adequate. Enger said it is a waiver for a zero lot line setback to parking. He said this project is very small and has efficiency by sharing the parking between the three buildings. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to adopt Resolution No. 95-53 approving the Preliminary Plat; to adopt Resolution 95-52 approving the Planned Unit Development Concept; to approve lst Reading of Ordinance No. 11-95 for Zoning District Change from Rural to Neighborhood- Commercial on 3.66 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. BLUFFS EAST 16TH by Hustad Development Corporation. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.69 acres, PUD Concept Review on 210 acres, Planned Unit Development District Review on 12.88 acres, Rezoning from Rural to RM- 6.5 on 12.89 acres and Preliminary Plat of 12.99 acres into 23 lots. Location: Normandy Crest and Franlo Road. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to RM 6.5 and Resolution for Preliminary Plat) MOTION: Pidcock moved, seconded by Thorfinnson, to continue this item to the April 4, 1995, Council meeting. Motion carried unanimously. D. VACATION 95-01, DRAINAGE AND UTILITY EASEMENTS FOR HAWTHORNE OF EDEN PRAIRIE 3RD ADDITION 7ullie said this has been requested to provide for lot line revisions proposed in the replatting of these lots. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution No. 95-54 vacating the drainage and utility easements on Lots 1, 2, and 3, Block 4, Hawthorne of Eden Prairie 3rd Addition. Motion carried unanimously. City Council Minutes Tuesday, March 21, 1995 Page Six VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfuznson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM TANDEM CORPORATION TO REVIEW THE BOARD OF APJUSTMENTS AND APPEALS DENIAL OF VARIANCE REQUEST #95-d6 Jim Ostenson and Bob Putman, representing Tandem Corporation, presented their request to review the Board of Adjustments and Appeals denial of their variance request. Enger said Staff asked the Legal Department whether the structures and sign proposed would be considered a sign or a piece of art. Rosow said that, according to the sign ordinance, what is being proposed here is a sign. Pidcock said she had received several letters on the issue from residents who are offended by putting metal trees where real trees should have been. Ostenson said the sculptures proposed will be in an open field that was outside of the woods. Case said he was not inclined to review the denial if this is considered a sign; however we don't have ordinances regarding art to judge if it is art. Referring to the similarity of this request to the Bearpath request reviewed at the last meeting, Thorfinnson said he believes the sign is much more than the wording; therefore we have to look at the whole wall or other structures included. Councilmembers questioned whether the sign would be used in advertising or in a logo and whether the words in the sign would still require a variance. Ostenson said this was not intended for promotional purposes. Enger said the size of the words alone would require a variance. Councilmembers discussed how the sign package could be changed to fit within the sign ordinance guidelines, including placing a sculpture on one side only. Enger said we may want to take a look at the direction that entrance monuments are going and see if we want to restrict their size in relation to the size of the development itself. Ostenson said he would like to see a decision made on the lettering so that they could get that in place and then revisit the sculptures at a later time after further study has occurred. MOTION: Pidcock moved, seconded by Tyra-Lukens, to allow the proponent to proceed with the lettering proposed and to continue the issue of the sculptures after the Planning Commission has studied this and other entrance monuments in the City and has returned to the Council with a recommendation. City Council Minutes Tuesday, March 21, 1995 Page Seven Case said he was uncomfortable with approving the lettering since it is almost double the size that is allowed by the sign ordinance. Enger said he would propose that Staff run a report of all the entrance monuments in town, where the variances are and the size of the various developments. Pidcock withdrew the motion with the consent of Tyra-Lukens. MOTION: Thorfinnson moved, seconded by Pidcock, to refer the request to Staff so that they can meet with the developer to resolve the issue of the lettering on the sign and return with recommendations at the April 4, 1995, Council meeting. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to refer the issue of entrance monuments to the Planning Commission for their review and recommendations, and to ask Staff to prepare a history of what has been done with entrance monuments in the City. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES A. PARKS RECREATION & NATURAL RESOURCES COMMISSION - Naming of Conservation Areas Lambert said that last fall the Council discussed naming an appropriate park or area in the City for Dick Anderson. He said the Parks Commission at their March 6, 1995, meeting recommended approval of naming the newly acquired sites as conservation areas, per the recommendations of the Staff Report of February 27, 1995. Case said he had received some phone calls with concerns about naming this particular property for Dick Anderson, and he would feel more comfortable continuing this to the next meeting in order to check out the process and make some phone calls. After further discussion, the consensus was reached that, while the Council concurred regarding their desire to honor Dick Anderson's role in preserving and developing parks and trails in the City, it would be better to postpone approval of this particular recommendation until further study could be done. MOTION: Pidcock moved, seconded by Case, continue this item to the April 45, 1995, Council meeting. Motion carried unanimously. CITY COUNCIL MEETING S MARCH 21, 1995 X. APPOINTMENTS A. DISCUSSION ON ORGANIZATIONAL PROPOSALS RELATING TO MAI TAN RIGHTS AND SERVICES NEEDS Harris reviewed the proposed reorganization of the Human Rights and Services Commission and Committees,noting that the work load has increased as the issues being addressed in the City have become more complex and time consuming. She said the growth in the City has brought an increasing diversity as well as an increase in the number of elderly residents. Thorfinnson reviewed the proposed charters, responsibilities, and membership for the three new groups. He noted that current members of the Human Rights & Services Commission, the Human Rights Committee and the Human Services Committee will be incorporated into the new structure. He said the Human Rights&Services Commission discussed the proposed reorganization last evening, and they were very receptive to the changes. MOTION: Pidcock moved, seconded by Case,to form a separate nine-member Human Rights Commission; to transition the existing Housing& Social Services Committee into a permanent Housing, Transportation, and Social Services Board; to create a Task Force to study the evolving needs of our senior population; and to accept the membership and terms of appointment to the three groups as proposed. Motion carried unanimously. Councilmember Case agreed to serve as the Council representative to the Senior Issues Task Force. MOTION: Thorfinnson moved, seconded by Pidcock, to refer one position on the Human Rights and Diversity Commission, and one Senior Citizen at-large position and one Citizen at-large position on the Senior Issues Task Force to Staff for their recommendations. Motion carried unanimously. B. SHeRPA - Appointment of one member from a City advisory board/commission throup-h 12/31/95 MOTION: Tyra-Lukens moved, seconded by Pidcock, to appoint Peg DuBord to serve on the South Hennepin Regional Planning Agency Advisory Commission for a term expiring December 31, 1995. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILINIEMBERS 1. Councilmember Patricia Pidcock-Iev Sidewalks See item XI.C.1. CITY COUNCIL MEETING 9 MARCH 21, 1995 2. Reverse Commute Job Fair _Thorf nnson asked that Staff investigate what can be done to make a firm commitment to the Reverse Commute Job Fair in April. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Sanding of Trails Policy(continued from February 21, 1995) Lambert reviewed the lettef to the Council from Pamela Tyner regarding her request to sand the trails near Round Lake when icy conditions exist. He said the Parks Commission discussed this in February and forwarded it to the Council. After discussions with the City Attorney, Staff is recommending that a policy be adopted regarding the removal of snow and ice from sidewalks and trails, as outlined in the Staff Report of March 21, 1995. Pam Tyner, 18710 Park Ridge Circle, said she was disappointed with the limited recommendation from the Parks & Recreation staff and felt that we are letting liability issues hamstring the City. She said she would like to see a greater priority given to these needs in the wintertime, particularly when it is a clear and present danger. Councilmembers expressed concern about the extent of the financial commitment necessary to deal with the extensive trail system in the City and the potential harm of dumping salt on the trails. Pidcock said she did not think this was an all or nothing proposition and that the request involved two overpasses only that could be dealt with at a minimal additional cost to the City. Thorfinnson said he thought we should take some time to address some of the concerns expressed since we do not have to make a decision tonight. Lambert said he would recommend passing the policy as proposed and including a line item in the 1996 budget review for salting and sanding trails for school access and bus stops after some analysis of possible harm to the environment and other concerns have been addressed. MOTION: Tyra-Lukens moved, seconded by Pidcock, to adopt the new policy dated March 21, 1995 as the amended policy for removal of snow and ice from sidewalks and trails. Motion carried with Thorf nnson opposed. CITY COUNCIL MEETING 10 MARCH 21, 1995 MOTION: Pidcock moved, seconded by Thorfinnson, to continue the meeting to 11:15 p.m. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Marketcenter Urban Design Improvements Update Brian Cluts, representing Cluts, lJBrien & Struthers, described the development of the Marketcenter improvements. He said they plan to begin the Phase I developments this summer and that they can combine funds from the lighting project proposed by the Engineering Department to increase what could be done in the street scape project. In order to handle the increased project they are asking for a 5%increase in their fees. MOTION: Case moved, seconded by Thorfinnson, to authorize an additional amount of $28,000 to be added to the original fees of $148,000 to cover the additional design services. Motion carried unanimously. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt Jullie said the applicants have requested a further continuance of this item to the April 18th meeting. He said they had conversations today and expect to receive some meaningful responses to several issues soon. Pidcock said she has received several phone calls from residents who find the noise there to be intolerable. Rosow said the MPCA was called back again to do some more testing. MOTION: Thorfinnson moved, seconded by Pidcock, to continue this item to the April 18, 1995 Council meeting. Motion carried unanimously. 2. Resolution 95- Receiving Feasibility Report for Sunnybrook Road Street and Utility Improvements, l.C. 94-5363 MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution 95- receiving the Feasibility Report and setting a Public Hearing for April 18, 1995 for I.C. 94-5363. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT . CITY COUNCIL MEETING 1I MARCH 21,1995 MOTION: Pidcock moved, seconded by Tyra-Lukens,to adjourn the meeting. Motion carried unanimously. Mayor Hams adjourned the meeting at 11:15 p.m. t