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City Council - 11/21/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 21, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCI MEMBERS: 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 & 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 PM. Tyra-Lukens was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie deleted item IV. D. RECEIVE PETITION AND APPROVE REQUEST FROM LECY CONSTRUCTION TO MOVE SCENIC EASEMENT LINE ON LOT 6. BLOCK 1. BLUFFS WEST and added item VII. A. RESOLUTION 95-202 REQUESTING SPEED STUDY FOR CSAH 1 (PIONEER TRAIL) FROM CSAH 18 TO THE WEST CORPORATE LIMIT. MOTION: Pidcock moved, seconded by Case, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 7. 1995 MOTION: Case moved, seconded by Thorfmnson to approve the minutes of the City Council meeting held Tuesday, November 7, 1995 as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL XIINUTES November 21, 1995 Page 2 B. DELL ROAD AND HIGHWAY 5 COMMERCIAL CENTER by Tandem Development and Kindercare. 2nd Reading of an Ordinance for Zoning District Change from Rural to Neighborhood Commercial on 1.75 acres and Planned Unit Development District Review on 1.75 acres, and Adoption of a Resolution Approving Site Plan Review for Dell Road and Highway 5 Commercial Center. Location: Dell Road and Highway 5. (2nd Reading of Ordinance 37-95-PUD- 17-95 for Zoning District Change from Rural to Neighborhood Commercial and Planned Unit Development District Review, and Resolution 95-197 for Site Plan Review) C. APPROVAL OF REQUEST FROM .TAMES R. BAYER, TOURNAMENT DIRECTOR OF GIRLS SOFTBALL, TO GRANT A VARIANCE TO LIGHTS OUT POLICY AND PARK HOURS ORDINANCE AT MILLER PARK AND ROUND LAKE PARK AUGUST 7-11, 1996 D. RECEIVE PETITION AND APPROVE REQUEST FROM LECY CONSTRUCTION TO MOVE SCENIC EASEMENT LINE ON LOT 6. BLOCK L BLUFFS WEST (Item deleted) E. APPROVE HENNEPIN PARKS REQUEST TO REMOVE DEER AT BRYANT LAKE PARK F. AMENDMENT TO FEE RESOLUTION TO REVISE FEES FOR PARK SHELTER RESERVATION DURING WINTER MONTHS G. AGREEMENT TO DEMOLISH THE PALM HOUSE AT 8510 FRANLO ROAD AND ASSESS COST H. APPROVE BID FOR REPLACING DASHERBOARD SYSTEM IN RINK#1 AT EDEN PRAIRIE COMMUNITY CENTER I. APPROVE REQUEST FROM SUPER VALU TO SUBSTITUTE A LETTER OF CREDIT ON THEIR INDUSTRIAL DEVELOPMENT BOND (Resolution 95-198) Regarding item B, Case asked if the neighborhood concerns regarding the left turn lane on Dell Road into Cascade have been addressed. Gray said conversation with the City of Chanhassen indicates that the southbound lanes of Dell Road will be completed this summer as part of development there. He added the right turn lane on Cascade will be completed when the westerly portion of the site is developed; however, the improvements and addition to the driveway on the residential unit to the south will be completed now. Case asked if the City would consider the Dell Road improvements if for some reason Chanhassen does not complete them this summer. Gray responded they are looking at some modifications to the median that would make the lane shift for southbound traffic much simpler. CITY COUNCIL NIINVM November 21, 1995 Page 3 Regarding item E, Harris asked why only antlerless deer will be removed. Lambert said removing does will provide better population control. MOTION: Pidcock moved, seconded by Thorfinnson, to approve items A-C and E-I of the Consent Calendar with item D deleted. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. GLEN LAKE GOLF AND PRACTICE CENTER by Hennepin County. Request for Site Plan Review within the Public Zoning District on 13.5 acres. Location: Crosstown at Indian Chief Road. (Resolution 95-199 for Site Plan Review) Paul Miller, representing Williams Gill &Associates, reviewed the project. This project involves the construction of a nine-hole executive golf course and a driving range/practice area on 13.5 acres, located at County Road 62 and Indian Chief Road. Pidcock asked what the greens fees will be. Miller said they have not been established yet, but probably will be in the $8 - $15 range. Enger said the Planning Commission reviewed the proposal at their October 23, 1995 meeting, and recommended approval on a unanimous vote subject to the recommendations of the Staff Report of October 20. He said the proposal will be reviewed by the City of Minnetonka later this month; therefore, the proponent would not be able to start any construction until the City of Minnetonka also approves the project. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the proposal at their November 6, 1995 meeting, and recommended approval per the October 20 Staff Report and the Supplemental Staff Report of November 1. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; and adopt Resolution 95-199 granting Site Plan Approval for the Glen Lake Golf and Practice Center proposal by Hennepin County. Motion carried unanimously. B. EDEN HILLS CONDOMINIUMS by Brenwood Development Corporation. Request for Guide Plan Change from Neighborhood Commercial to High Density Residential on 3.3 acres, Zoning District Change from Rural to RM-2.5 on 3.3 acres, Site Plan Review on 3.3 acres and Preliminary Plat of 3.3 acres into 1 lot and road right-of-way. Location: Franlo Road, south of Prairie Center Drive. CITY COUNCIL MINUTES November 21, 1995 Page 4 (Resolution 95-200 for Guide Plan Change, Ordinance for Zoning District Change from Rural to RM 2.5 and Resolution 95-201 for Preliminary Plat) Jim Zachman, 8644 Zachman Circle, was present to answer questions. This proposal involves the construction of a three-story 36-unit condominium building on 3.3 acres, located on Franlo Road just south of Prairie Center Drive. Enger said the Planning Commission reviewed the proposal at their October 23, 1995 meeting, and recommended approval on a 7-0 vote subject to the recommendations of the Staff Report of October 20. Lambert said the Parks Commission reviewed the proposal at their November 6, 1995 meeting, and recommended approval on a unanimous vote subject to the recommendations of the October 20 Staff Report and October 31 Supplemental Staff Report. Case asked when the house on the property will be removed. City Attorney Pauly said it was approved on tonight's Agenda and removal is scheduled for next week. Case thanked Zachman for his help with the City's historical groups and noted they still have a few items they would like to salvage from the property. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; adopt Resolution 95-200 for Comprehensive Guide Plan Change from Neighborhood Commercial to High Density Residential on 3.3 acres; approve the 1st Reading of an Ordinance for Zoning District Change from Rural to RM-2.5; adopt Resolution 95-201 for Preliminary Plat Approval on 3.3 acres into one lot and road right-of-way; and 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 and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION 95-202 REQUESTING SPEED STUDY FOR CSAH 1 (PIONEER TRAIL) FROM CSAH 18 TO THE WEST CORPORATE LIMIT In response to the Council's request, Jullie said staff reviewed the speed issue on County Road 1 and prepared a resolution requesting the speed study. CITY COUNCIL MMUTES November 21, 1995 Page 5 Pidcock asked who pays for the study. 7ullie said this is a standard process and Hennepin County will pay. MOTION: Thorfmnson moved, seconded by Case, to approve Resolution 95-202 requesting a speed study for CSAH 1 (Pioneer Trail) from CSAH 18 to the West Corporate Limit. Case said the Council also discussed what we would do if the study came back with the same old story as previous requests. Gray suggested that we ask for an opportunity to review the analysis with MNDoT staff to encourage them to consider sight distances and other factors. Case added he has received a lot of calls on this issue. There seem to be two main issues -- safety and congestion. He asked if we have control over the light at County Road 1 and 4 as that seems to be involved in the congestion issue. Gray said the County has checked the traffic demands at that location different times of the day. VOTE ON THE MOTION: Motion carried unanimously. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM EDEN PRAIRIE CHAMBER OF COMMERCE Bill Horn, Chairman of the Eden Prairie Chamber of Commerce, and George Bentley, Chairman of the Chamber's Transportation Committee, reviewed the Position Statement recently adopted by the Chamber regarding expansion of the Flying Cloud Airport. Bentley said the Chamber believes the best results can be achieved through cooperation between the Metropolitan Airports Commission and the City. Harris thanked the Chamber of Commerce for their interest and for their position statement, noting that the airport expansion has consumed an inordinate amount of Staff time and there are still issues that need resolution prior to the expansion of the airport. She said there has been progress made in the last five months with the Metropolitan Council and MAC in identifying issues. They are now beginning to address those issues. MOTION: Pidcock moved, seconded by Thorfinnson, to receive the report of the Eden Prairie Chamber of Commerce. Case asked if we envision a time when we would do more than just receive their report. Harris said we might want to review the report with Staff. VOTE ON THE MOTION: Motion carried unanimously. CITY COUNCIL MINUTES November 21, 1995 Page 6 A. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Recreation Program Fees Policy Lambert said the Parks Commission and Staff have been reviewing program fees, determining which programs should be subsidized, establishing a rationale for subsidizing various programs at different levels of subsidy, and reviewing the level of indirect cost used to determine the true costs of the programs. After extensive discussion, the Parks Commission asked staff to establish categories with some recommended subsidy percentages and to return to the Commission with those recommendations. After reviewing the proposed fees and categories of programs and services, the Commission recommended approval of the fee policy on a unanimous vote. Lambert reviewed the fee policy and the four levels of services recommended, as presented in the staff report of November 21, 1995. He said they would like to operate under the new policy for a year or two, and then review it to see if we are in line with what other communities charge. Pidcock asked if there is an average dollar figure on subsidies. Lambert said it varies widely depending on the program and might be $5.00 for one program and $70.00 for another. Case said it was good to see this type of budgeting process and to see some of the indirect costs being considered. He asked if they have sought advice from the Arts Commission and the Heritage Preservation Commission. Lambert replied they have talked with the staff liaisons. He noted that these are goals and guidelines. Some of the programs may take a year or two to reach the goal because we have to be very careful about how we increase fees and will need to monitor the reaction of the users. Case said it might be nice to see some hard figures on this and to have some backup a year or so from now to show actual dollars. Lambert said he would provide a breakdown in the F.Y.I. packet. CITY COUNCIL MINUTES November 21, 1995 Page 7 MOTION: Pidcock moved, seconded by Case, to approve the policy for maximum subsidy levels for recreation programs, per the recommendations of the staff report of November 21, 1995. Motion carried unanimously. 2. Approve Revised Concept Plan for Entry to Purgatory Creek Recreation Area Lambert said the changes requested from the three original concept plans have been consolidated into a final plan for the entry to the Purgatory Creek Recreation Area. Both the Planning Commission and the Parks Commission have reviewed the revised concept plan and have recommended approval. Lambert noted that approving this plan approves only the configuration of the pond, trail system and landscaping, and does not approve the restaurant or the land use. George Watson, representing Brauer & Associates, reviewed the concept plan. He said the restaurant will be sized to meet the parking available on the site. We need to work with the property to the south for access to the facility. MOTION: Case moved, seconded by Thorfinnson, to approve the revised Site Plan for the entry portion of the Purgatory Creek Recreation Area, and to authorize the forwarding of the plan to the Watershed District Board of Directors for their approval and incorporation in the permit process for determining mitigation requirements. Motion carried unanimously. 3. Art Center Location Options Lambert reviewed the staff report of November 21, 1995, that described the various options for locating the Arts Center. He said there have been some preliminary discussions with Homart regarding future improvements to Eden Prairie Center. He also reviewed the findings of the community survey that referred to citizen interest regarding an Arts Center. Harris said she understood one of the options is no longer available. Lambert said the Riley Jacques property is probably not an acceptable option. Harris asked if staff has had dialogue with the Staring Arts group. Lambert said they have not. Harris said we are very interested in finding at least a temporary space for the group. She said there are missing pieces, including costs for using some of the spaces proposed in the staff report. CITY COUNCIL MINUTES November 21, 1995 Page 8 Case said he has a sense of scatteredness about this issue and suggested that we initiate a task force to focus on the short-term option for locating the Art Center, and to begin the process of finding a long-term location. This would enable us to get all the parties together and start the process moving. Pidcock and Thorfinnson agreed with Case's suggestion. Thorfinnson said he was concerned the task force would assume the task without clear direction or vision of the parameters on how to accomplish their goal. A discussion followed regarding how the task force would proceed with their study of the options and the composition of the task force. Anne Florenzano, 9470 Lakeland Terrace, said the Staring Arts group has been.pursuing as many options as they could find. They have talked with Homan about open spaces at Eden Prairie Center, and consider that to be a very viable short-term possibility. MOTION: Case moved, seconded by Thorfinnson, to initiate a task force composed of Councilmembers Case and Thorfinnson, two members of the Staring Arts Board, one or two staff members, and a representative from the Arts Commission to study the short term options for an Art Center and to return to the Council with a recommendation in 60 days. Motion carried unanimously. Pidcock said she would like to add that the task force discussions include subsidy information when compared to other activities in the City. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:45 p.m.