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City Council - 06/06/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 61 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL AIEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock,Ross Thorfinnson,Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jul ie, Director of Community & Economic Development Chris Enger,Director of Parks,Recreation&Facilities 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. HENNEPIN COUNTY LIBRARY PRESENTATION Charles Brown, Director of Hennepin County Libraries, and Marge McPeak, Manager of the Eden Prairie Library, described the structure and goals of the Hennepin Library system and reviewed the expansion plans for the Eden Prairie Library. Pidcock commended McPeak for her outreach to the community. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item IX. 1. DISCUSSION REGARDING AFFORDABLE HOUSING. Case added item M. A. REQUEST STAFF REPORT ON BURYING POWER LINES ALONG HWY. 4. 7ullie added items M. B. 1. REPORT ON RECEIPT OF GOVERNOR'S SAFETY AWARD, M. C. 1. GRANT FROM U.S. FISH & WILDLIFE SERVICE, and M. C. 2. REQUEST FROM HENNEPIN PARKS FOR GOOSE REMOVAL PERMIT. MOTION: Tyra-Lukens moved, seconded by Thorfinnson. to approve the Agenda as published and amended. Motion carried unanimously. U. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 23. 1995 CITY COUNCIL MINUTES Tuesday, June 6, 1995 Page 2 MOTION: Case moved, seconded by Pidcock, to approve the minutes of the City Council meeting held Tuesday, May 23, 1995, as submitted. Motion failed, with all Councilmembers opposed. Because of the extent of the corrections and amendments required, the consensus was to have Staff revise the minutes of the Tuesday, May 23, 1995, meeting for Council review and approval at the next meeting. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SAMPSON OFFICE STUDIO 2nd Reading of Ordinance 19-95-P7UD-6-95 for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres and Zoning District Change from Rural to I-2 Zoning District on 4.519 acres, Adoption of Resolution 95-108 Approving Site Plan Review on 4.519 acres and Approval of a Developer's Agreement for Sampson Office Studio by R. M. Sampson, Inc. (Ordinance 19-95-PUD-6-95 for PUD District Amendment, PUD District Review and Zoning District Change from Rural to 1-2 Zoning District and Resolution 95-108 for Site Plan Review) C. BLUFFS EAST 16TH 2nd Reading of Ordinance 12-95-PUD-5-95 for Planned Unit Development District Review on 12.88 acres and Rezoning from Rural to RM-6.5 on 12.88 acres and Approval of a Developer's Agreement for Bluffs East 16th by Hustad Land Company. (Ordinance 12-95-PUD-5-95 for PUD District Review and Rezoning from Rural to RM 6.5) D. RIVERVIEW HEIGHTS 2ND ADDITION 2nd Reading of Ordinance 20-95- PUD-7-95 for PUD District Review with waivers on 12.85 acres and Approval of a Developer's Agreement for Riverview Heights 2nd Addition by Hustad Land Company. (Ordinance 20-95-PUD-7-95 for PUD District Review) E. HIRSCHLER ADDITION 2nd Reading of a Zoning District Amendment within the R1-13.5 Zoning District and Approval of a Developer's Agreement for Hirschler Addition by Ned Hirschler. (Ordinance 21-95 for Zoning District Amendment) F. RESOLUTION 95-109 APPROVING FINAL PLAT FOR HIRSCHLER ADDITION (located on extension of Canterbury Lane) G. RESOLUTION 95-110 APPROVING FINAL PLAT OF RIVERVIEW HEIGHTS 2ND ADDITION (located south of Riverview Road on the extension of Landing Road) H. RESOLUTION 95-111 APPROVING FINAL PLAT OF BLUFFS EAST 16TH ADDITION (located west of County Road 18 and east of Normandy Crest) CITY COUNCIL MINUTES Tuesday, June 6, 1995 Page 3 I. RESOLUTION 95-112 APPROVING FINAL PLAT OF HARTFORD PLACE 3RD ADDITION (located south of Rolling Hills Road) J. RESOLUTION 95-113 APPROVING FINAL PLAT OF BELL OAKS ESTATE 8TH ADDITION (located south of Riverview Road) K. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEWER CROSSING MITCHELL ROAD, I.C. 95-5386. (This item was deleted) L. BIDS FOR REPLACING DASHER BOARD SYSTEM FOR RINK 1 AT THE CO CENTER Jullie said item K should be deleted from the Consent Calendar. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve items A-J and L on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIM EETINGS A. SALE AND TRANSFER OF CABLE TELEVISION FRANCHISE TO TIME WARNER, INC. Continued from April 18, 1995 (Resolution 95-114) Julie said the Public Hearing on this item was opened on April 18th and was continued at that time to June 6 so that the Southwest Suburban Cable Commission (SWSCC) could review the proposal and forward recommendations to the five member cities. He said the SWSCC held a Public Hearing regarding the transfer of ownership on May 17, at which time the SWSCC recommended that the five member cities adopt the Resolution and exhibits relating to the transfer of ownership. There were no comments from the audience. MOTION: Thorfmnson moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 95-114 Approving the Transfer of Control of KBL Cable Systems of the Southwest, Inc. DBA Paragon Cable. Motion carried unanimously. B. VACATION 95-04, VACATION OF DRAINAGE AND UTILITY EASEMENT IN MARKHAM KNOLLS ADDITION (Resolution 95-115) Jerry Snyder, representing the architect, was available for questions. There were no comments from the audience. CITY COUNCIL MINUTES Tuesday, June 6, 1995 Page 4 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution 95-115 Vacating Part of the Drainage and Utility Easement Over Lot 3, Block 2 Markham Knolls Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case 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." VII. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES A. DISCUSSION REGARDING AFFORDABLE HOUSING Pidcock expressed concern that the City needs to develop criteria and standards for workmanship in the affordable housing units that will be built. Harris questioned whether we would need special standards. Enger replied that our current standards are applied uniformly, and that any criteria for quality levels beyond our current standards should be a subject of further discussion. Pidcock said she was concerned that poor workmanship might show up in this type of housing after a couple of years have passed, at which point we would be left with deteriorating housing. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCHIM EMBERS 1. REQUEST STAFF REPORT ON BURYING POWER LINES ALONG HWY. 4 Case said he would like an opportunity to discuss the subject of burying power lines along Hwy. 4. He asked Staff to return with a list of possible options at a future meeting. Jullie said Staff will return with a report in the next 30 days. CITY COUNCIL MINUTES Tuesday, June 6, 1995 Page 5 B. REPORT OF CITY MANAGER 1. REPORT ON RECEIPT OF GOVERNOR'S SAFETY AWARD Jullie said the City has received the Governor's Meritorious Achievement Award for an outstanding accident prevention program in occupational safety during 1994. He said this is the third or fourth year in a row that we have received this award, and attributed our success the work of Mr. Estenson and the committee to promote safety throughout the City. C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. GRANT FROM U.S. FISH & WILDLIFE SERVICES Lambert said the City received a $20,000 grant from the U. S. Fish & Wildlife Service in 1990 for an outlet control structure in the Purgatory Creek recreation area. The project has been delayed, primarily because of the delay in the Hwy. 212 overpass; however, we must use the money before December of this year or lose the grant. He asked the Council to request the Watershed District to proceed with the project immediately in order to take advantage of the $20,000 grant. MOTION: Thorfmnson moved, seconded by Case, to request the Watershed District to proceed with an outlet control structure for the Purgatory Creek recreation area, per the Staff recommendation. Motion carried unanimously. 2. REQUEST FROM HENNEPIN PARKS FOR GOOSE REMOVAL PERMIT Lambert said Hennepin Parks has requested a permit for goose removal from Bryant Lake. He said they would remove geese from the entire lakeshore and, if requested to do so, from any residential property. He said the Parks, Recreation & Natural Resources Commission recommended approval of the request on a 7-0 vote at their June 5, 1995 meeting. Harris asked if the removal will be at the requestor's cost. Lambert said it will be paid by Suburban Hennepin Parks. Case questioned if we have statistics about the total goose population in the City, and if we have developed a plan for dealing with the problem. Lambert said several groups or corporations have requested removal from time to time, and it might be wise to start monitoring the goose population. CITY COUNCIL MINUTES Tuesday, June 6, 1995 Page 6 MOTION: Case moved, seconded by Tyra-Lukens, to approve the request of Hennepin Parks to remove geese from Bryant Lake Regional Park. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt, Preliminary Review of Development & Land Alteration Plans (Continued from May 23, 1995) Jullie said he has received indirect feedback that Midwest has one point of major concern regarding the reissuance of their permit after five years if they had complied with the requirements. He thought that issue could be addressed and worked out. The primary agreement has the basic tenet of not crushing during the summer months; however, they have not officially concurred with that. Pidcock questioned whether they have agreed to the time changes she requested. Jullie replied that they have not yet agreed to that specifically. Roger Sandvick, 14280 Stratford Rd., commented on the letter from Mr. Johnson, noting that he opposes their crushing six days a week and that they operate from 5:40 to 5:40, not 7:00 to 7:00. He also noted that the operation has been going on for four years, not two years, and their operation was entirely different in 1969 when he moved there. He offered to help resolve the issue in any way he can. Ned Hirschler, an adjacent property owner, said he agreed with W. Sandvick that the hours of operation from 7 to 7 are too much. Thorfinnson asked Sandvick what he would consider acceptable hours. Sandvick replied that they should operate within normal hours of 8:00 to 5:00, five days a week, and should comply with requirements such as the PCA and others. Tyra-Lukens questioned the total acreage they operate on, if their operation is within the noise code guidelines, and if they are in violation because they start operations at 5:40 a.m. and they mine without a permit. Jullie said the 5:40 a.m. starting time would be in violation of code, and the mining issue is questionable since Midwest says their operation is not unusual and they have been doing this for 25 years. They have eight or nine acres, and our research shows that our leverage at this point is the unzoned one acre piece that they are operating on. The latest tests indicate they are within the current noise standards. CITY COUNCIL MINUTES Tuesday, June 6, 1995 Page 7 Councilmembers expressed concern about Midwest's operation from 7:00 a.m. to 7:00 p.m., six days a week, and with Midwest's failure to respond to communications or to attend Council meetings. Pauly said the provision to operate from 7:00 to 7:00 has been on the books for some time, and it would be difficult for the City to enforce different time limitations for this one business. Tyra-Lukens said there is an enormous mountain of material at the site. Jullie said they are building up stockpiles around the perimeter that will form a berm. The berm will be covered with soil, plantings and a wooden fence. Tyra-Lukens questioned whether they have agreed not to crush during the three summer months. Harris said we received an earlier letter in which they indicated that is acceptable; however, there were some things that have not been agreed to. Jullie said they have asked to crush a total of 30 days during the three summer months, which would be difficult to administer. He said we are trying to get their agreement to clean up the site and not crush during the summer months in trade for use of part of the one acre in question. Pidcock said she thought we should try to put restrictions about hours of operation on new construction areas that are adjacent to residential areas in order to give some consideration to people living in the area. Hams noted that we could only do that by changing the ordinance. Case said he would like to follow up on changing the ordinance so that we don't impact construction, but set time lines for operations within certain distances of a residential area. Thorfinnson questioned what will happen the rest of the summer if we don't come to some resolution. He noted that this item has been on the agenda since he joined the Council, and he has not yet seen a representative of Midwest at the meetings. The consensus was that the Council would receive an update on June 20 to understand if issues could be resolved by June 30 before deciding to go ahead with litigation. If it does not appear to be resovlable, Council will go ahead with appropriate action at that time. F. REPORT OF CITY ATTORNEY XH. OTHER BUSINFSS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:35 p.m.