Loading...
City Council - 09/17/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 17, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, 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 Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item M.B.1. Workshop with School District. Pidcock added items M.A.1. Traffic from Hwv 212 onto Valley View Road and item M.A.2 Southwest Metro. Case added item M.A.3. Snorts Traffic. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MI XE 'F A. CITY COUNMTOLL ROAD MEETING HELD TUESDAY, AUGUST 27, 1226 Pidcock said the name on page 3, paragraph 1, should be spelled "Adeel Lari". MOTION: Case moved, seconded by Thorfinnson, to approve the Minutes of the City Council/Toll Road Meeting held Tuesday, August 27, 1996, as published and amended. Motion carried unanimously. B. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, SEPTEMBER 3, 1996 MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the City Council/Staff Workshop held Tuesday, September 3, 1996, as published. Motion carried unanimously. CITY COUNCIL MUiUTES September 17, 1996 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY,_SEPTEMBER 3, 1996 Pidcock said page 10, paragraph 1 should read "... I am going to cast my vote against this tollway...." MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Minutes of the City Council meeting held Tuesday, September 3, 1996, as published and amended. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FRASER HOMES LOT DIVISION- APPROVE MINOR SUBDIVISION AT 8751, 8761 & 8771 PRESERVE BOULEVARD C. REQUEST FROM EDEN PRARUE FIRE RELIEF ASSOCIATION FOR COUNCIL APPROVAL OF BYLAW CHANGE D. LIL'RED GAS BUMPS by Hiawatha Marketing, Inc. Adoption of a Resolution for Site Plan Review on 1.49 acres and Approval of a Developer's Agreement for Lil' Red Gas Pumps. Location: Southeast corner of Valley View Road and County Road 4. (Resolution 96-157 for Site Plan Review) E. DEN ROAD CONMRCIAL CENTER by City of Eden Prairie. 2nd Reading of Ordinance 39-96 for Zoning District Change from C-HWY to C-REG-SER on 1.76 acres. Location: Den Road and West 78th Street. (Ordinance 39-96 for Zoning District Change) F. RESEARCH ADDITION by Research, Inc. 2nd Reading of Ordinance 37-96- PUD-14-96 for Planned Unit Development District Review on 26.1 acres and Zoning District Amendment in the I-5 Zoning District on 26.1 acres and Adoption of a Site Plan Review on 26.1 acres. Location: Flying Cloud Drive. (Ordinance 37-96-PUD-14-96 for PUD District Review and Zoning District Amendment and Resolution 96-158 for Site Plan Review) G. STARING LAKE TOWNHOUSES PHASE II by Pulte Homes. 2nd Reading of Ordinance 38-96-PUD-15-96 for Planned Unit Development District Review on 35.58 acres and Rezoning from Rural to RM-6.5 on 35.58 acres and Adoption of a Site Plan Review on 35.58 acres. Location: Anderson Lakes Parkway (Ordinance 38-96-PUD-15-96 for PUD District Review and Rezoning and Resolution 96-159 for Site Plan Review) H. RESOLUTION 96-160 AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND CITY COUNCIL NIINUTES September 17, 1996 Page 3 I. RESOLUTION 96-161 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE J. RESOLUTION 96-162 APPROVING FINAL PLAT FOR FRASER CHA L. ON (located south of Pioneer Trail and east of Yorkshire Circle) K. RFSOL UT_ION 96-163 APPROVING FINAL PLAT FOR MITCHELL VILLAGE 1ST ADDITION (located at the southeast corner of Mitchell Road and Anderson Lakes Parkway) L. APPROVE BIDS FOR PHEASANT WOODS PLAY STRUCTURE Tyra-Lukens asked that item G be pulled and voted upon separately. Pidcock asked if item K had been approved for an early grading permit. Enger said they were granted an early grading permit. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve items A-F and H-L on the Consent Calendar. Motion carried unanimously. MOTION: Case moved, seconded by Thorfinnson, to approve item G on the Consent Calendar. Motion carried 4-1, with Tyra-Lukens opposed. V. PUBLIC HEARINGS/MEETINGS A. TIRES PLUS by Tires Plus. Request for PUD Concept Review on 19 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the Commercial Regional Service District on 1.15 acres and Site Plan Review on 1.15 acres. Location: Eden Road and Glen Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Jullie said we received a request from proponent to continue this to the first meeting in October. MOTION: Case moved, seconded by Thorfinnson, to continue the Public Hearing to the October 1, 1996, meeting of the City Council. Motion carried unanimously. B. FEEN HILLS TOWNHOMES by Zachman Development Corporation. Request for Zoning District Change from Rural to RM-6.5 on 5.18 acres, Site Plan Review on 5.18 acres and Preliminary Plat of 5.18 acres into 21 lots and road right-of- way. Location: Franlo Road, west of Eden Commons Apartments, south of Lund's Center. (Ordinance for Zoning Change, Resolution 96-164 for Preliminary Plat) Arne Zachman, proponent, reviewed the proposal to develop twin homes and CITY COUNCIL AIDWTES September 17, 1996 Page 4 three-plexes on three single family lots and one empty lot. Enger said the Planning Commission reviewed the project at the August 26, 1996, meeting and recommended approval of the request on a 5-0 vote, subject to the recommendations of the Staff Report of August 23. He said this proposal will have to receive approval from the Board of Appeals and Adjustments for two lots that do not meet the minimum size. He noted Staff worked with various proponents to develop a project on this property, and they believe this proposal compliments the condominiums across the street. Lambert said the Parks, Recreation &Natural Resources Commission reviewed the project at the September 16, 1996, meeting and recommended approval on a 5-1 vote. The two issues discussed were the sidewalk and the problem with the fire hydrant. The sidewalk will have to be moved to the back of a curb at one point. He said Hilgeman voted no because of the way we have been administering our tree ordinance. When dealing with homestead property we have not been doing a tree inventory because we do not look at trees in someone's yard as forested trees. Hilgeman thinks there should have been an inventory on this site and a replacement figure developed for the project. Case asked if, as a homeowner who had planted trees there, he would be held to the rule of not cutting more than 10% of the trees in one year. Lambert said that was correct. Case thought we should be consistent in our policy and view every tree no matter who planted it. Lambert said we are administering it as City Attorney Pauly advised us when he recommended we not count planted trees against the tree replacement policy. Lambert said if we are going to do an inventory we have to make a classification as to what are natural and those that are planted. A discussion followed regarding the disincentive of administering the policy that way. Harris thought this is an issue we may want to revisit when we can review both sides of the issue. Zachman noted they prepared three layouts in order to save as many trees as possible and they will also move many of the trees on the site. Case asked how detrimental it would be to his development if all the planted trees were counted as significant. Zachman said there would be about 30 trees that would be counted as significant. They will lose 20 trees, but will be planting more than 100. Case was concerned with setting precedent by not counting the planted trees as part of a tree inventory, and he thought there will be more of these projects as we go forward. Thorfinnson was concerned about approving the project when we don't know what is happening. Harris said the question is whether we do the same type of inventory on planted trees as we do on natural plantings. If we decide to do that, we will be setting a new precedent. Tyra-Lukens asked if they will keep the present retaining walls. Zachman said CITY COUNCIL N NUTES September 17, 1996 Page 5 they will. Tyra-Lukens asked how much of the tree loss on the property is the result of grading changes and how much is from driveways and buildings. Zachman reviewed their plan to move the trees on the property and noted all the oaks and pines along the north and west of the property will stay. Harris asked how much more time it will take to do a tree inventory. Lambert said it would be up to the developer to hire someone, but it should be able to be completed within 30 days or before 2nd Reading. The developer may already have met the replacement requirement. Thorfinnson thought they have done a good job of trying to maintain what is around the building; however it would be nice to know how many trees are on the property. Case thought we want to know the count, but also want to hold the project accountable to the tree replacement policy. Charles Blesner, 18381 Cattail Court, said some of the trees are on his property and many of the ash trees are partially dead. He was concerned that the project not get hung up on an issue involving some older trees and many that are scrub trees. He said he was told he needed no permit to cut down trees on his property since the trees were not protected trees. Lambert noted if trees are in a bad condition or already dead, they are not counted as tree loss. He said the ordinance specifies that a permit is required to remove 10% or more of the vegetation on a piece of property. Case understood the frustration of the property owners, but there is the issue of development of this property being used as a precedent for future developments in southwest Eden Prairie. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to approve lst Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 5.18 acres; to adopt Resolution 96-164 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and with the condition that a tree inventory be done on the property and that Staff review the development once the trees have been inventoried to be sure the developer has met the requirements of the City's tree replacement policy. Motion carried unanimously. Zachman then requested an early grading permit. MOTION: Pidcock moved, seconded by Case, to grant the proponent, at his own risk, an early grading permit to begin grading after the tree inventory has been completed and confirmed. 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, Thorfumson, Tyra-Lukens and Harris voting "aye." CITY COUNCIL MINUTES September 17, 1996 Page 6 VII. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND COMMUNICATIONS A. RECEIVE 100% PETITION, ORDERING r-4PROVEWNTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, I.C. 96-5425 (Resolution 96-165) As per the Engineering staff agenda report of September 17, 1996, 7ullie said we have received 100% petitions from two lot owners for construction of storm drainage improvements, which will eliminate ongoing erosion problems across these properties. The City will contract for these improvements and special assessments will be levied against each property in accordance with City policies. Any overage in construction costs and staff time for design and construction can be covered by the City's Storm Water Utility Funds. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution 96-165 receiving 100% Petition, Ordering Improvements and Preparation of Plans and Specifications for Public Improvements under I.C. 96-5425. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Traffic from Hwy 212 onto Valley View Road Pidcock was concerned about a dangerous traffic situation that occurs during the afternoon rush hour as cars exiting from Hwy 212 onto Valley View Road wait in line along Hwy 212 to get to the exit ramp. She said police were ticketing cars that form two lanes on the exit ramp, so they started forming a line along the shoulder of Hwy 212 or actually stopping on the highway. She thought this is much more dangerous than having two lanes of traffic on the ramp. Harris thought the exit ramp should be striped for two lanes further down. She said there is a similar situation on Valley View at rush hours. Dietz said this project has been identified in an earlier study in the Major Center Area. They are in the throes of getting a traffic study done that will identify a lot of areas that need capital improvements. He thought this CITY COUNCIL MINUTES September 17, 1996 Page 7 should be a cooperative project with MNDoT. Pidcock asked if something could be done with the Police Department. Dietz said they have been passing on the shoulders and there have been accidents because of that. 2. Southwest Metro Pidcock said Southwest Metro and other members of the Suburban Transit Association have again retained the services of a lobbyist to lobby for the opt-outs at the legislature. 3. Sports Traffic Case said there is a problem with sports traffic on Pioneer Trail at the Flying Cloud fields and also at the Miller Park fields at certain peak times. He asked if we could hire a Park Ranger to direct traffic at peak times and pay the extra salary by charging an additional sports fee for traffic control. He thought it would be cheaper than traffic signals. Dietz said there is now a right turn lane going into the Flying Cloud fields and there is a project under construction for a southbound right-turn lane into Miller Park. He said he will talk to the Police Department about this issue as well as the Hwy 212 and Valley View issue. Pidcock said she has observed pedestrians or cyclists trying unsuccessfully to get across the road at these points. Case said he did not think four lanes will solve that problem. Dietz said there will be trails on each side of the road. Tyra-Lukens asked if we have tried to work with the sports associations to stagger the starting times. Lambert said we talked with the soccer, baseball and softball associations in the spring, and they do stagger times; however, in the fall the football and soccer players all leave when it gets dark, which causes a bigger problem this time of the year. Case said there was a Park Ranger out there last year. Lambert said there has been one at times this year. He will talk to Jim Clark and see if we can get a more consistent schedule. Case asked if we should send this back to the Parks Commission to discuss the fee for traffic control. Lambert thought this is an issue for the associations, not the Parks Commission. We meet with the associations in November to talk about issues and schedules, and we could talk about the possibility of a fee at that time. B. REPORT OF CITY MANAGER 1. Workshop with School District CITY COUNCIL M[NUTES September 17, 1996 Page 8 7ullie said the School District has requested we cancel next Tuesday's workshop session. It will be rescheduled at a later date. C. REPORT OF DM CTOR OF PARKS, RECREATION & FACILITIES 1. Mighty Ducks Grant Proposal for Community Center Ice Arena Renovations Per the Staff Report of September 16, 1996, Lambert said Staff is recommending we apply for a Mighty Ducks Grant for up to $50,000 for improvements to the existing ice facility. This will help to accommodate more children using the facilities. It would enable us to build walls at the end of the bleachers for an enclosed secure area. We could also trade in the 14-year old Zamboni while it is still worth something. The Hockey Association would like to expand the team rooms in the Olympic-sized ice arena as those are very small. If we apply for and receive the grant, Lambert said the Hockey Association has indicated they would be willing to fund 50% of the matching money we must come up with. That would leave 25% for the City to fund for improvements that would have to be made anyway. Harris thought it sounds like a good deal. MOTION: Case moved, seconded by Tyra-Lukens, to approve the Mighty Ducks Grant Proposal for Community Center Ice Arena Renovations as per the Staff Agenda Report of September 16, 1996. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Increase Income Limits for the Housing Rehab Program Per the Staff Report of September 17, 1996, Enger said the Housing, Transportation and Social Services Board is recommending an increase in the income limits for our Housing Rehabilitation Program from the current 65% of median income for the metro area, to 80% of that median. This action will open up the loan program to more Eden Prairie homeowners and will make it more consistent with the rest of Hennepin County. Funding for this program comes from our annual allocation of Community Development Block Grant Funds. Harris asked if there has been any time when we have not been able to use the CDBG funds, and, if so, could the funds be used for other services in CITY COUNCIL MINUTES September 17, 1996 Page 9 the City. Thorfinnson said we have funds that are being reused as loans are paid back. Enger said we have not transferred money out of the housing rehabilitation program even though it has been somewhat slow in some years. He saw some needs going unmet because of the income limits. Harris asked if we have ever run out of dollars. Enger did not believe we have. We have monitored and limited the size of the loans. Thorfinnson did not think anyone will be kept from using the program because the income limits were raised. MOTION: Pidcock moved, seconded by Case, to increase the income limits for Housing Rehabilitation Program from 65% of the median income for the metro area, to 80% of the median, as per the Staff Report of September 17, 1996. Motion carried unanimously. E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XM. ADTOURNMENT MOTION: Thorfinnson moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:35 p.m.