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City Council - 06/20/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 209 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILAIEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, 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. Councilmember Pidcock was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item M.A. Phone Call. Jullie added item IV.K. Approval of Assignment of License for Baker Road Reservoir Lease to U. S. West New Vector Groun and item M.E.2. Update on Water Consumption. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 23. 1995 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, May 23, 1995, as submitted. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY. JUKE 6, 1995 MOTION: Thorfmnson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, June 6, 1995, as submitted. Motion carried unanimously. CITY COUNCIL MUIUTES June 20, 1995 Page 2 C. CITY COUNCIL STUDY SESSION HELD TUESDAY, TUNE 6. 1995 MOTION: Tyra-Lukens, seconded by Thorfinnson, to approve the minutes of the City Council study session held Tuesday, June 6, 1995, as submitted. Motion carried unanimously. D. CITY COUNCIL WORKSHOP HELD WEDNESDAY, TUNE 7. 1995 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council workshop held Wednesday,June 7, 1995, as submitted. Motion carried unanimously. IN. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BOSTON MARKET 2nd Reading of Ordinance 22-95-PUD-9-95 for PUD District Review on 0.8 acres and Zoning District Amendment within the C-Reg- Ser Zoning District on 0.8 acres, Adoption of Resolution 95-116 Approving Site Plan Review on 0.8 acres and Approval of a Developer's Agreement for Boston Market by Northstar Restaurants located at Tower Square Shopping Center south of McDonald's. (Ordinance 22-95-PUD-9-95 for PUD District Review and Zoning District Amendment within the C-Reg-Ser Zoning District and Resolution 95-116 for Site Plan Review) C. RESOLUTION 95-117 APPROVING FINAL PLAT FOR ALEXANDER EMMETT ADDITION. (located within the Eden Prairie Center Property) D. RESOLUTION 95-118 APPROVING FINAL PLAT FOR WINDFIELD 7TH ADDITION, (located between Spruce Trail and Currant Place) E. RESOLUTION 95-119 APPROVING FINAL PLAT OF DELLWOOD ESTATES 3RD ADDITION, (located east of Dell Road and north of Pioneer Trail F. APPROVAL OF CHANGE ORDER NO. 3 FOR DELL ROAD,I.C. 93-5312 G. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 7 FOR DELL ROAD H. AUTHORIZATION TO ENTER INTO A PURCHASE AGREEMENT WITH MEDIA PLAY TO SELL A 5.6 ACRE TRACT OF LAND ON SINGLETREE LANE. (located between Brunswick and Bachman's) I. APPROVAL OF FINAL AMENDED 1994 GENERAL FUND BUDGET (Resolution 95-120) -CITY COUNCIL MINUTES June 20, 1995 Page 3 J. APPROVAL OF CHANGE ORDER NO. 1 FOR ELEVATED WATER TOWER K. APPROVAL OF ASSIGNMENT OF LICENSE FOR BAKER ROAD RESERVOIR LEASE TO U.S. WEST NEW VECTOR GROUP Jullie noted the revised page for item IV.I that includes a change to the reserve for debt service next year on the capital facilities program. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve Items A- K of the Consent Calendar as published and amended. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. PAFKO 2ND ADDITION by Roger and Addie Halverson. Requesting for rezoning from R1-22 to R1-13.5 on 4.19 acres and Preliminary Plat of 5.55 acres into 8 single family lots and two outlots with variance to be reviewed by Board of Appeals. Location: Kurtz Lane and northwest of Twin Cities and Western Railroad. (Ordinance for Rezoning from R1-22 to R1-13.5 and Resolution 95- 121 for Preliminary Plat) Denny Griswold, landscape architect, reviewed the project. Case and Thorfinnson expressed concern about the loss of significant trees, particularly in the area where the utility line will be placed, and asked that as many trees be preserved as possible. Griswold said some trees along the lots will remain and that there will be a jog in the utility line that will save some trees. The minimum depth sewer line will require a minimum trench. He said they will do everything possible to minimize the tree loss. Tyra-Lukens asked if the pads will be prepared for the houses since there is a significant amount of grading for the project. Griswold said they will complete the grading on lots such as Lots 4, 5 and 6 because they will have the proper equipment there to do it. Tyra-Lukens asked about the selling price of the homes, and how they will communicate the concept of the conservancy area to the buyer. Griswold said the prices will be $225,000 - $300,000, and the easement will be recorded and will go with the lot to the owner. Enger said the Planning Commission reviewed the project on May 22nd and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of May 19th. He said the Parks Commission reviewed the project at their June 5th meeting and recommended approval, subject to the recommendations of the Staff Report of May 19th. CITY COUNCIL MINUTES June 20, 1995 Page 4 Case asked if there are techniques for installing the utility lines that would be less intrusive than trenching. Dietz said it is possible to tunnel; however that would be very expensive, perhaps two to three times the cost. He said they might be able to use a box to limit the width of the trench in certain areas where there are significant trees. Tyra-Lukens asked about the amount of wetlands mitigated. Dietz said 1100 square feet will be lost, so the mitigation will be 2200 square feet. Brian Rosengren, 6544 Kurtz Lane, expressed concern about the storm water runoff. His property was developed before the current requirements for storm water runoff were put in place, and he was concerned that this project will cause additional problems with the drainage on his property. Dietz said the level of the water would not get higher; however, it might occur more frequently. He said it would be possible to discharge the NURP pond to the wetland across Kurtz Lane, with an outlet back to the other side further down. Case questioned the additional cost for the change Dietz suggested. Dietz replied that it would be about $2000. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. MOTION: Case moved, seconded by Tyra-Lukens, to approve the first reading of an Ordinance for rezoning from R1-22 to RI-13.5; to adopt Resolution 95-121 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and incorporating the realignment of the drainage from the NURP pond as proposed tonight by Mr. Dietz. Motion carried unanimously. B. REGENCY PARC TOWNHOUSES by Regency Parc Limited Partnership. Request for Comprehensive Guide Plan Change from Industrial to High Density Residential on 7.27 acres, Planned Unit Development Concept Review on 7.27 acres, Planned Unit Development District Review on 7.27 acres, Zoning District Change from I-2 Industrial to RM-2.5 on 7.27 acres, Site Plan Review on 7.27 acres, Preliminary Plat on 7.27 acres into one lot. Location: City West Parkway. (Resolution 95-122 for Comprehensive Guide Plan Change,Resolution 95-123 for PUD Concept Review, an Ordinance for PUD District Review and Zoning District Change and Resolution 95-124 for Preliminary Plat) Jack Brandt, representing the developer, reviewed the project. He said they plan to mitigate the density of this project by planting large evergreen trees in excess of the ordinance requirements. Enger said the Planning Commission reviewed the project at the June 12th meeting and recommended approval subject to the recommendations of the Staff CITY COUNCIL AE NUTES June 20, 1995 Page 5 Report of June 9, 1995. The Parks Commission did not review the project. There were no comments from the audience. Tyra.-Lukens asked why the buldings are required to be 75% brick face and glass. Enger said it is because they are in the RM 2.5 zoning district which requires the 75% brick or better. Thorfinnson asked how this density compares with that of the Eden Lake project. Brandt said there are five units per acre at the Eden Lake townhomes. Enger said it will be a fairly dense looking project when compared to the Eden Lake project; however, since the units face each other, the density will be felt by the residents. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing; to adopt Resolution 95-122 for Comprehensive Guide Plan Change; to adopt Resolution 95-123 approving PUD Concept Review; to approve first reading of an Ordinance for PUD District Review and Zoning District Change; to adopt Resolution 95-124 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Thorfmnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VHI. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS A. Recommendation of Appointment to R&3e -Purgatory-Bluff Creek Watershed District Board of Managers MOTION: Case moved, seconded by Thorfinnson, to recommend that Mr. Rahr continue to serve on the Riley-Purgatory-Bluff Creek Watershed District Board of Managers. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS •CITY COUNCIL MINUTES June 20, 1995 Page 6 1. Phone Call Case said he received a phone call objecting to one of the concession stands at Schooner Days giving away pocket knives and lighters. Jullie said Staff also received some calls and a letter about the same subject. He said they discussed the issue with the Lions Club, sponsor of the event. They determined that the best approach would be to work out an arrangement with the vendors for next year through a contractual arrangement to secure their commitment to not issue such prizes. Harris asked if the items were awarded as prizes on the midway. Thorfinnson said the vendors were with the carnival and, in addition, there were some posters given away that were not appropriate for children. Case asked what legal parameters apply to this situation and what power we have in terms of selling these items to children and youth. Pauly said that, for activities that are conducted on City property, the City has a wide scope of authority to limit the types of sales conducted. He said we would need to take a look at anything beyond limiting the sales, and we would have to show what harm would be caused. Pauly said he would look into the issue and report back. B. REPORT OF CITY MANAGER 1. Updated Schedule for Council/Staff Workshops Case said he would like to add the topic of Council Decorum and Protocol to the August 15th workshop on City Organizational Structure and Development Review Process. The consensus was to add the topic to the August 15th workshop and to approve the updated schedule as amended. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 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 Tune 6. 1995) Jullie said Staff has had several discussions and phone conversations with Midwest Asphalt since the last meeting. He said they sent them a draft of the land alteration permit and detailed summary of the requirements we CrrY COUNCIL MINUTES June 20, 1995 Page 7 are requesting. They have promised to respond in detail and have requested a continuance to July 11. Jullie said he is confident there will be no more crushing after July 15. The consensus was to extend the review to July 11, 1995, and then to explore the options available if it is not accepted. 2. Update on Water Consumption Dietz reviewed the City water consumption during the last week. He said they issued a press release regarding the odd/even watering restrictions and they are prepared to call an emergency if it is necessary this coming weekend. Harris said it would also be useful if the newspapers would remind readers of the consequences of shortages and the options the City could exercise. Case questioned what we do about violators, what happens if we reach the 18 million gallon limit, and when the third tank will be running again. Dietz replied that there is a$25.00 penalty applied to the violator's water bill; however, there is a proposed new process whereby tickets would be issued at the time of violation. The Waste Water Management Commission would be involved in a public education process at the same time. He said the new process probably will not be in place until next spring. Dietz said we can pump at the rate of 23 million gallons for a short period of time; however, we need some reserve for fire protection. He said the Hidden Ponds tank is out of service for repair and painting; however, it could be pulled back into service if necessary. Case questioned why we do not go to the 12:00 to 6:00 p.m. ban now, rather than waiting. Dietz said they are hoping that the public education process will work, rather than incurring the enforcement problem that the ban would produce. Harris asked about cause of the recent power outages. Dietz said the project for putting signal lights at Preserve Blvd. and Anderson Lakes Pkwy has caused four outages in the last three weeks, and they have discussed the situation with the contractor. F. REPORT OF CITY ATTORNEY X11. OTHER BUSINESS XIII. AWOURNMENT MOTION: Thorfinnson moved, seconded by Case, to adjourn the meting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:50 p.m.