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City Council - 02/04/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 4, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, 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 &Natural Resources Bob Lambert, Director of Public works Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Thorfinnson was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item XI.B.3. Set Date and Time for 1997 Board of Review. Tyra- Lukens added item XI.A.1. Snno plowing at Mailboxes. Case added item XI.A.2. Snomplowing Pathways. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 21, 1997 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council Meeting held Tuesday, January 211 1997. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES February 4, 1997 Page 2 B. UNIE,D HEALTHCARE SERVICES INC. by United Healthcare Services, Inc. 2nd Reading of Ordinance 3-97-PUD-2-97 for PUD District Review on 10.4 acres and Zoning District Amendment in the I-2 Zoning District on 10.4 acres, Adoption of a Site Plan Review on 10.4 acres and Approval of a Developer's Agreement for United Healthcare Services, Inc. Location: Technology Drive and Prairie Center Drive. Ordinance 3-97-PUD-2-97 for PUD District Review and Zoning District Amendment and Resolution 97-21 for Site Plan Review) C. FLOOD PLAIN CODE AMENDMENT 2nd Reading Ordinance 4-97 amending Flood Plain Code. (Ordinance 4-97) D. APPROVE PROFESSIONAL SERVICES AGREEAWM WITH AEC ENGINF,EMG FOR DESIGN AND INSPECTIONS SERVICES FOR HIDDEN PONDS WATER STORAGE TANK EXTERIOR PAINTING, I.C. 97-5430 E. 1 ST READING OF ORDINANCE 5-97 AMENDING ORDINANCE NO, 49-96, SECTIONS 5.45 AND 9.14 Regarding item E, Tyra-Lukens asked how we are making sure that professional applicators are aware of the regulations. Dietz said we hired an Environmental Engineer in December who is in the process of assembling a mailing list based on one used by the City of Plymouth. They also plan to have an article in the next City newsletter to inform property owners. MOTION: Case-moved, seconded by Butcher-Younghans, to approve items A- E on the Consent Calendar Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. DON PABLO RESTAURANT by DF &R Restaurants, Inc. Request for PUD District Review on 2.12 acres, Zoning District Amendment in the C-Reg-Ser Zoning District on 2.12 acres, and Site Plan Review on 2.12 acres. Location: North of 494, west of Prairie Center Drive, south of Viking Drive. (Ordinance for PUD District Review and Zoning District Amendment) Jullie stated official notice of this Public Hearing was published on January 2, 1997 in the Eden Prairie News and mailed to 8 property owners. The site plan for this project shows construction of a 7,716 square foot, 272-seat restaurant. The site is located north of I-494, west of Prairie Center Drive, and south of Viking Drive. Steve Hale, representing DF &R Restaurants, noted they will accept the staff recommendations and will raise the brick parapet wall. CITY COUNCIL MINUTES February 4, 1997 Page 3 Enger briefly reviewed the site plan. He said the Planning Commission recommended approval of the request on a unanimous vote at the January 13, 1997, meeting, per the recommendations of the Staff report of January 10, 1997. The project was not reviewed by the Parks, Recreation &Natural Resources Commission. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review, Zoning District Amendment in the C-Regional-Service Zoning District, and Site Plan Review on 2.12 acres; and to direct Staff to prepare the Development Agreement incorporating Commission and Staff recommendations, including the requirement for a Moot high brick parapet wall around the entire building rooftop to physically screen all the rooftop mechanical equipment. Motion carried unanimously. B. KOPESKY ADDITION by Wayne Kopesky. Request for Rezoning from Rural to R1-13.5 on 5.32 acres, and Preliminary Plat of 5.32 acres into 13 lots. Location: West 82nd Street. (Resolution 97-22 for Preliminary Plat) . Jullie said official notice of this Public Hearing was published on September 4, 1996 in the Eden Prairie News and mailed to 69 property owners. The project involves the platting of 5.32 acres into 13 residential lots and is located north of West 82nd Street and east of Dell Road. Jennifer Posmer, representing the developer, was present for questions. Enger said the Planning Commission unanimously recommended approval of this project at its June 24, 1996 meeting, per the recommendations of the Staff Report of June 21, 1996. He said the item holding up the development was the issue of storm water drainage and how that affected the surrounding property. That issue has now been resolved. There was one small, isolated wetland identified on this project, but the area on the adjacent property has not been identified. They believe the wetland will probably not require mitigation because of its size and isolated nature. If on-site mitigation is required, there would be one lot lost from the project. He said the Parks Commission did not review the project. Case asked why it was not reviewed by the Parks Commission in view of the wetlands issue. Enger said the Parks Department Staff looks at each project in terms of having a review by the Parks Commission. Wetlands isn't necessarily one of Parks' issues, especially the smaller one, often it is more in the Engineering Department. CITY COUNCIL MINUTES February 4, 1997 Page 4 Case then asked if there is a chance of not requiring mitigation because of the change in the State law. Al Gray, Senior Engineer, said the State Wetland Act states that construction of a pond within a wetland is in itself not an impact. There might be some minor fill to create a berm around it but it could be mitigated on site. That issue has to be confirmed when the snow melts. The critical permitting would be that, if it is connected to a larger wetland district, it comes under Corps jurisdiction and they would require mitigation. He said they would set up in the Developer's Agreement to cover such contingencies. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for Rezoning from Rural to R1-13.5 on 5.32 acres; to adopt Resolution 97-22 for Preliminary Plat approval of 5.32 acres into 13 lots; and to direct Staff to prepare the Development Agreement including Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VH1. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. SnoNplowing at Mailboxes Tyra-Lukens said some residents have had their mail delivery stopped because the trucks can't get close enough to get mail in the boxes. She asked Staff to review the homeowners' responsibility for mailboxes. Dietz said the City policy is to not clear mailboxes, but they do plow within a foot of the boxes. The rest of the distance is the responsibility of the homeowners. They have received phone calls from property CITY COUNCIL MINUTES February 4, 1997 Page 5 owners about the difficulty in removing snow after repeated snowfalls and plowing operations. Tyra-Lukens thought we should use the community newsletter to alert people to this issue. 2. Sn�o plowing Pathways Case noted we seem to clear the trails around Round Lake and Staring Lake but we do not always clear access paths to those trails. He asked if we have any sort of priority system to clear the bike trails. Dietz said he thought we have four priority categories: walking routes next to schools are first; the main transportation trails are second; some of the recreation trails around the lakes are next; and sidewalks are last. In years with smaller snowfalls we have been able to clear the 8-foot pathways with a pickup; however, this year we have needed a snowblower or a bobcat to clear them. One of our two snowblowers has been broken for part of this season, and clearing with a bobcat is very slow. Case asked if this might be an area to subcontract out in order to have a trail system that can be used all seasons of the year. Dietz said we had a task force that involved some of the union staff and management to look at ways to-be more effective. They searched for rental companies to do some of this, but there just isn't anything available for rent. Butcher-Younghans said there is a need for temporary striping on Pioneer Trail west from Hwy 169. The road is very dangerous because you can't see the stripe in the middle of the road. Dietz said he would look into it. B. REPORT OF CITY MANAGER 1. Set Topics/Dates for Future Council Workshops Jullie asked Councilmembers to review and confirm the updated schedule for future workshops. Harris asked Councilmembers to let the City Manager know about vacations and conferences that would conflict with the schedule. Case noted it is very difficult for all members to make every meeting. Harris thought there are some meetings where we would want to have more than a majority of the Council available. CITY COUNCIL MINUTES February 4, 1997 Page 6 Case thought we should make a good faith effort to get together with the School Board once or twice a year. Tyra-Lukens asked if the February 25th meeting with the School Board is still tentative. Jullie said they have not heard back from Mr. Gaselin to confirm the date. 2. Authorize Additional Expenditures for City Center Security Improvements As outlined in the Staff Report of February 4, 1997, Jullie said Staff is requesting authorization to use carry-over funds from the 1996 Budget Contingency Allocation for security improvements at the City Center. These improvements would include installing a glass partition wall at the entrance to the Administration area near the Information Desk. Also, sixteen additional doors would be added to the existing card reader system installed in the Police Department. These additional security measures are recommended for the safety of City personnel and to better facilitate the movement of personnel between departments. Jullie noted the original estimate of$41,000 in the Staff Report has been revised to $31,000. Case was particularly concerned that the reception area is so far back from the front entrance. He asked if there are any long-term plans to move it forward. Jullie said we have been looking at that reception area function and are proposing some Staff changes because the Police Department also has an information reception desk. They have done some things with signage, but there are other things we can and should be doing. Tyra-Lukens asked how we are going to handle the situations with neighborhood groups and meetings in the evenings. Jullie said one of the possibilities is to change hours for the information desk. We could have two part-time workers during some of the busy evening hours. That issue will be part of the decision-making process. Harris commented it is unfortunate that we even need to consider this, but we do need to look at it as a positive step in terms of employee safety. MOTION: Tyra-Lukens moved, seconded by Case, to authorize Staff to carry-over into 1997 the sum of$31,000 from 1996 Budget Contingency Funds to be used for security improvements to the Eden Prairie City Center, as per the Staff agenda report of February 4, 1997. Motion carried unanimously. CITY COUNCIL MINUTES February 4, 1997 Page 7 2. Set Date and Time for 1997 Board of Review 7ullie said Staff is recommending we set a date of Thursday, April 24, 1997 at 7:00 p.m. for the 1997 Board of Review, with Tuesday, May 13, 1997 as the follow-up meeting. MOTION: Tyra-Lukens moved, seconded by Case, to set Thursday, April 24, 1997, at 7:00 p.m., and Tuesday, May 13, 1997, at 7:00 p.m. as the date and time for the 1997 Board of Review. Motion carried unanimously. 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 F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XM. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried unanimously. Mayor Hams adjourned the meeting at 8:05 p.m.