Loading...
City Council - 04/04/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 4, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: 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 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 Pidcock added item IX.A. Namina of Conservation Areas and item XI.A.1. Reconsideration of Prairie Lutheran Church Item. 7ullie added item XI.D.1. Update on Fl i�ng Cloud Airport Expansion Proposal MOTION: Pidcock moved, seconded by Case, to approve the Agenda as presented and amended. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 1995 Harris noted that Item X.A. on page eight should reflect that Councilmember Case agreed to serve as the Council representative on the Senior Issues Task Force. MOTION: Pidcock moved, seconded by Thorfmnson, to approve as published and amended the minutes of the City Council meeting held Tuesday, March 21, 1995. Motion carried unanimously.: City Council Minutes 2 April 4, 1995 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 95-56 APPROVING CONSTRUCTION AGREEMENT FOR CSAH 18, I.C. 52-175 C. RESOLUTION 95-57 AWARDING STREET STRIPING, I.C. 95-5382 D. RESOLUTION 95-58 APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN RIDGE DRIVE IMPROVEMENTS AND CITY WEST PARKWAY IMPROVEMENTS, I.C. 94-5360 E. RESOLUTION 95-59 APPROVING PLANS AND SPECIFICATIONS FOR PEDESTRIAN BRIDGE ON VALLEY VIEW ROAD EASTERLY OF EDENVALE BOULEVARD F. BRYANT POINTE TWO 2nd Reading of Ordinance No. 8-95 for Zoning District Change from Rural to R1-13.5 and Approval of a Developer's Agreement for Bryant Pointe Two by Dean Holasek. Location: Rowland Road and Orchard Hill. (Ordinance No. 8-95 for Zoning District Change) G. RESOLUTION NO. 95-60 AUTHORIZING SOUTHWEST SUBURBAN CABLE COMMISSION TO HANDLE CABLE LINE EXTENSION ISSUES H. RESCHEDULE MAY 2 AND MAY 16, 1995 COUNCIL MEETINGS TO MAY 9 AND MAY 23, 1995 Regarding Item E, Tyra-Lukens asked if we would have any control over the style of the bridge or over the materials used to construct it because she was concerned that it might be a similar construction as the bridge over the railroad tracks. Dietz said Hennepin County wants approval of several alternate specifications including one similar to that over the railroad; however, we might be able to do something to influence it at this stage. The consensus was to approve Item E but to convey our real concerns to the County so that they would return to us with the results of their considerations. Pidcock noted that Item E should read "easterly of Edenvale Boulevard." Regarding Item G, Harris asked if we are the only City involved in the extension issues for Southwest Cable. Jullie said we are the only City that has any extension left to speak of. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve items A-D, revised item E, and items F-H. Motion carried unanimously. City Council Minutes 3 April 4, 1995 V. PUBLIC HEARINGS/MEETINGS A. 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 12.88 acres and Preliminary Plat of 12.88 acres into 23 lots. Location: Normandy Crest and Franlo Road. (Resolution 95-61 for Comprehensive Guide Plan Change, Resolution 95-62 for PUD Concept Review, Ordinance No. 12- 95 for PUD District Review and Rezoning from Rural to RM-6.5 and Resolution 95-63 for Preliminary Plat) Continued from March 21, 1995 Beth Simenstad, representing Hustad Development, reviewed the proposal for the final phase of Bluffs East 16th. Enger said the Planning Commission reviewed this at the February 27, 1995, meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of February 24th. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project at the March 6th meeting and recommended approval on a 5-0 vote, per the Staff Report of February 24th, and with a conservancy easement on Outlot A and other easements as designated in the Staff Report. Roger Perkins, 9624 Falcons Way, and Jerry Lori, 9684 Falcons Way, expressed concern about the tree loss from the project. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Tyra-Lukens asked for a description of the trees that will be lost. Simenstad and Enger reviewed the amount of and type of tree loss. Simenstad described how the project was changed in order to save significant trees and noted that they will plant trees along the south property line. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution No. 95- 61 for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.69 acres; to adopt Resolution No. 95-62 for PUD Concept Review on 210 acres; to approve 1st Reading of Ordinance No. 12- 95 for Rezoning from Rural to RM-6.5 and PUD District Review on 12.88 acres; to adopt Resolution 95-63 for Preliminary Plat Approval on 12.88 acres into 23 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes 4 April 4, 1995 B. BOULDER RIDGE by Dennis Lunski. Request for Planned Unit Development Concept Review on 27.1 acres, Planned Unit Development District Review on 27.1 acres, Zoning District Change from Rural to R1-13.5 on 11.40 acres, Rezoning From Rural to RM-6.5 on 3.8 acres and Preliminary Plat of 27.1 acres into 36 lots and 2 outlots. Location: N. of Mitchell Road, West of Boulder Pointe. (Resolution No.95-64 for PUD Concept Review, Ordinance No. 13-95 for PUD District Review, Zoning District Change from Rural to R1-13.5 and Rezoning from Rural to RM-6.5 and Resolution 95-65 for Preliminary Plat) Perry Ryan, representing Ryan Engineering, reviewed the project. Councilmembers questioned the 20% tree loss for the project, particularly in the southeast portion near the townhomes. Ryan explained how they reconfigured the project to include one less unit in that area so that more trees could be saved. Enger said the Planning Commission reviewed the project on February 13, March 13, and March 27, 1995 after neighborhood meetings were held. They recommended approval of the request based on plans dated March loth, subject to the recommendations of the Staff Report of March 24, 1995. Lambert said the Parks Commission reviewed the project at the March 20, 1995, meeting and recommended approval on a 7-0 vote per the March loth Staff Report, with the recommendations that there be two visible markers denoting the conservation area and that a reasonable number of the replacement trees be similar to the type of trees that are being removed. Scott Ross, 14898 Boulder Pointe Road, requested that construction traffic for the project be directed to Mitchell Road, not Boulder Pointe Road, during the construction phase of the project. Dietz said that would probably be possible. David Luce, 15236 Boulder Pointe Road, said the homeowners in Boulder Pointe I would like to construct an entrance monument for that development. Enger said he would recommend that Staff work with Mr. Luce to accomplish a monument that is consistent with City Code so that this request could be handled administratively. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution 95-64 for PUD Concept Review on 27.1 acres; to approve lst Reading of Ordinance No. 13-95 for Rezoning from Rural to RM-6.5 on 3.8 acres, Zoning District Change from Rural to R1-13.5 on 11.4 acres, and PUD District Review on 27.1 acres; to adopt Resolution No. 95-65 for Preliminary Plat approval of 27.1 acres into 36 lots and 2 outlot; and to direct Staff to prepare Development Agreement incorporating Commission and Staff recommendations, and, further, that construction traffic for the project be directed to use Mitchell Road rather than Boulder Pointe Road. Motion carried unanimously. City Council Minutes 5 April 4, 1995 C. SUTTON ADDITION(High Pointe 2nd Addition)by Builtwell Construction,Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 4.95 acres, Rezoning from Rural to RM-6.5 on 4.95 acres and Preliminary Plat of 4.95 acres into 16 lots. Location: County Road 4 south of Senior Center. (Resolution No. 95-66 for Comprehensive Guide Plan Change, Ordinance No. 14-95 for Rezoning from Rural to RM 6.5 and Resolution No. 95-67 for Preliminary Plat) Jim Hill, representing Builtwell Construction, reviewed the project. Case questioned why a private road is being proposed for the project and expressed concern about the issue of access through the property to the south. Hill said they are proposing a private road in order to make better use of the property and to provide a more unique and closer-knit neighborhood. He said the road will connect out to County Road 1 and that use of the property to the south has not yet been determined. Enger said the private road allows proponent to make more efficient use of the property since they are not required to adhere to the same setback requirements; however, it does present a burden on the residents to maintain the road as well as to pay their full taxes. He said this situation is different from other private roads in the City since the private road links directly into a public road. Hill said they will provide an easement over the private roadway for the Marshall's use. Enger said the Planning Commission reviewed the project at their March 13th meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of March loth. Lambert said the Parks Commission reviewed the project on March 20th and recommended approval on a 6-0-1 vote, per the March loth Staff Report, and with the condition that, prior to 2nd Reading, Staff approve the plan for piping runoff from the NURP pond without undue effect on the Parks Department budget. Lambert said Commissioner Brown voted against the project because he was not comfortable approving it without the drainage costs being worked out and because of traffic conflicts with the Senior Center traffic. Dietz said there are a number of issues that need to be resolved before 2nd Reading and proponent understands that. He said the issue of cost sharing for the drainage will be discussed with Hennepin County next week. Pidcock questioned who would share the costs. Dietz replied that it would be this project, the Marshall project and possibly Hennepin County. Pidcock said she understood that this property was assessed for some costs earlier. Dietz said it would have been assessed for sanitary sewer, but not for storm sewer. City Council Minutes 6 April 4, 1995 There were no comments from the audience. Tyra-Lukens expressed concern about whether the County would allow a private road to enter County Road 1 so close to the intersection with County Road 4. Dietz said the County would have to allow a connection to the public road system, but it might be a right-in, right-out only connection. Thorfinnson expressed concern about density and the impact that this project and the property to the south when it is developed will have on the traffic near the Senior Center. Case questioned whether the Senior Center could have its own entrance since this road will replace the current Senior Center roadway. Dietz said there is a connection from the Senior Center parking lot out to Cottonwood that will provide temporary access while County Road 4 is constructed. When County Road 4 is upgraded, there will probably be protected left turn slots and a two-lane approach eastbound. Enger noted that this project should be considered a low medium density project,. He said the project will not generate a significant amount of traffic but will, in fact, dramatically improve the access and sight distances. Tyra-Lukens expressed concern about safety as a result of the short setbacks and the potential for this to be used as a short-cut between County Roads 1 and 4. Dietz said he thought it will not be an attractive cut-through once County Road 4 is upgraded. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to adopt Resolution No. 95-66 for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 4.95 acres; to approve 1st Reading of Ordinance No. 14-95 for Rezoning from Rural to RM-6.5 on 4.95 acres; to adopt Resolution No. 95-67 for Preliminary Plat approval of 4.95 acres into 16 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. 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 City Council Minutes 7 April 4, 1995 VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. U.S. BENCH REQUEST FOR THE CITY COUNCIL TO REVIEW THE LOCATION OF BUS BENCHES IN THE PUBLIC RIGHT-OF-WAY Len Thiel, 5643 Green Circle Drive, Minnetonka, and Roland Danielson, representing U.S. Bench Corporation, presented the request. Thiel said they have met with City Staff and Southwest Metro Staff and have requested a meeting with Diane Harberts of Southwest Metro. He distributed photos of the bus benches placed in Eden Prairie. Harris said she sees two issues: The placement is not in compliance with current City Code; and the question whether this is a convenience to citizens since some of the benches are not located at bus stops. Enger reviewed the Staff Report of March 28, 1995, that provided a chronology of events in this issue. He said there are six benches some of which are in the road right-of-way and Southwest Metro is not desirous of having benches placed in the community in violation of City Code. The proponent has asked for an opportunity to present their case. Pidcock said that Southwest Metro Transit allowed Mr. Thiel to make a presentation to all commissioners at the monthly meeting and that he was made aware of Southwest's policy that no advertising is allowed on any of their facilities. Because of the small staff at Southwest Metro, they cannot adequately maintain and monitor bus benches so they have a policy that there will be no benches. Tyra-Lukens said she thought the main issue is the advertising; however, she was stunned that Southwest Metro does not advertise their own services. Kate Garwood, representing Southwest Metro, reviewed her memorandum to Carl Jullie outlining concerns about the bus benches. She said they have had complaints about the benches and they do not want to become sign administrators. Thorfmnson said the issue is that the benches are violating City Code and the decision should be made on that point. He was concerned that one-third of the benches are not at bus stops. MOTION: Thorfinnson moved, seconded by Pidcock, to direct U.S. Bench to remove all bus benches within City public right-of-way and to inform U.S. Bench that, if benches are located on private property, only signs related to the transit provider are permitted and all other advertising is in violation of the City Code. Motion carried unanimously. City Council Minutes S April 4, 1995 Harris said the second issue is whether the Council would want to consider a change to the ordinance. Case said he would like to review the ordinance and would also like to see Southwest Metro come back with concerns and recommendations. B. REQUEST FROM TANDEM CORPORATION TO REVIEW THE BOARD OF ADJUSTMENTS AND APPEALS DENIAL OF VARIANCE REQUEST #95-06 MOTION: Tyra-Lukens moved, seconded by Pidcock, to continue the request. AMENDMENT TO THE MOTION: Tyra-Lukens moved, seconded by Pidcock to table the request until such time as the Planning Commission report has been completed and forwarded to the Council. Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. NAMING OF CONSERVATION AREAS Pidcock said she thought the particular 68 acre site that is being proposed to be named for Dick Anderson is very appropriate. Hams thought the area reflects what Dick stood for in his involvement with the community. MOTION: Pidcock moved, seconded by Case, to accept the recommendations of the Parks, Recreation & Natural Resources Commission and City Staff for naming the newly-acquired preservation areas in southwestern Eden Prairie, per the Staff Report of March 21, 1995. Case said he had requested a continuance of this item at the last meeting because he wanted to learn more about the process used to develop the names and, while he is comfortable with the names proposed, he felt the process left several people out of the loop. He recommended that in the future all names of significant areas be channeled through the Heritage Preservation Commission in order to offer one more opportunity for citizens to get involved. Tyra-Lukens said she was also concerned about the process used for this recommendation; however, she has talked to many people who are very supportive of the names proposed. VOTE ON THE MOTION: Motion carried unanimously. Pidcock said she thought the idea of channeling names through the Heritage Preservation Commission was good provided we remember that the Council reserves discretionary power and will not hand decision-making over to commissions. City Council Minutes 9 April 4, 1995 X. APPOINTMENTS A. HUMAN RIGHTS AND DIVERSITY COMMISSION 1. Appointment of one member to a three-year term to expire February 28, 1998 Thorfinnson nominated Deborah Young. MOTION: Pidcock moved, seconded by Case, to close the nominations and cast a unanimous ballot for Deborah Young for a three-year term on the Human Rights and Diversity Commission. Motion carried unanimously. B. SENIOR ISSUES TASK FORCE 1. Appointment of a Senior Resident At-large for a term to expire October 31, 1996 Case nominated Marvin Cofer. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the nominations and cast a unanimous ballot for Marvin Cofer to serve on the Senior Issues Task Force for a term to expire October 31, 1996. Motion carried unanimously. 2. Appointment of a Resident At-large (Social Service field) for a term to expire October 31, 1996 Tyra-Lukens nominated Pam Reinstatler. Thorfmnson nominated Barbara Buehl. Tyra-Lukens withdrew her nomination. MOTION: Pidcock moved, seconded by Thorfinnson, to close the nominations and cast a unanimous ballot for Barbara Buehl to serve on the Senior Issues Task Force for a term to expire October 31, 1996. Motion carried unanimously. Lambert said the Parks Commission recommended appointing Dick Brown as the representative of the Parks Commission to the Senior Issues Task Force. MOTION: Pidcock moved, seconded by Case, to appoint Dick Brown as the Parks Commission representative to the Senior Issues Task Force. Motion carried unanimously. City Council Agenda 10 April 4, 1995 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Reconsideration of Prairie Lutheran Church Item Pidcock said several of the neighbors around Prairie Lutheran Church were dissatisfied with the notification process for this project and asked if we would reconsider our action approving the 1st Reading. Jullie said Staff checked into the notification for this project and it was properly published and mailed to property owners within 500 feet of the project. One of the residents who expressed concern was outside of the 500-foot limit. Jullie said Staff asked the City Attorney to review the implications of the Council reconsidering its prior approval. City Attorney Pauly reviewed the rules regarding reconsidering of motions and said that, in this case, there have already been several actions taken by the developer based upon the action taken by the Council in its approval. Case said he felt reopening this implies that we made a mistake and all five Councilmembers felt the decision was the best of the options available. There continue to be several issues to deal with in the area, particularly regarding traffic: a stop sign at Bennett Place and Blossom Road; a signal at County Road 1 and Bennett Place; discussions with the County regarding a second feeder street; adding 30 mph speed limit signs and enforcing it; and having the Planning Department keep in contact with the developer to save as many trees as possible. The consensus was to not reconsider the project but to have Staff continue to work with the broader issues of safety and outlets from the area and to monitor the developer in order to keep as many trees as possible. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Update on Flying Cloud Airport Expansion Proposal Enger reviewed the material provided in the packets regarding recent developments in the Flying Cloud Airport expansion proposal. He said we are continuing to find out additional information. He said M.A.C. may be just seeking the capability to expand the airport and it may be tied to moving the main airport. City Council Agenda 11 April 4, 1995 Pidcock expressed concern that expansion would lead to Flying Cloud becoming a major airport for jet aircraft in the same way that the White Plains, New York, airport changed from a small airport to a large regional facility. She suggested Staff get information from White Plains as to how they got into the situation they are in. Case questioned whether we foresee any hang-ups for M.A.C., such as environmental issues. Enger said we will do an E.I.S. on the area of expansion only; however, we have tried to get support from the E.Q.B. that the E.I.S. should be done on the entire expanded airport in order to evaluate the entire new facility and consider certain issues with the existing airport such as pollution, storm water runoff and concerns about ground water. E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. AWOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:30 p.m.