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City Council - 07/21/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 21, 1998 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 Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 PM. All members were present. Mayor Harris read a proclamation proclaiming Friday, July 31, 1998, as Carl Jullie Recognition Day in the City of Eden Prairie in recognition of his commitment to the City. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added item XI.A.1. Update on I-494 Corridor Commission. Jullie added Consent Calendar item IV.J. RESOLUTION 98-130 APPROVING ONE YEAR TIME EXTENSION FOR FILING OF FINAL PLAT FOR BEARPATH 7TH ADDITION. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM John Mallo, 16000 Forest Hills Road, said his neighborhood submitted a petition to the City earlier this year asking that completion of Forest Hills Road be tied to the Wynstone Development. Since the Council recently approved the Wynstone project without completion of Forest Hills Road, he asked that the petition be withdrawn. He thought it is the Wynstone developer's responsibility to complete the road. Dietz noted the petition was to do a Feasibility Study. There will be a Public Hearing process to allow everyone who might be assessed an opportunity to speak. He CITY COUNCIL MINUTES July 21, 1998 Page 2 recommended that we continue on the path of having the Public Hearing process because work is underway by the consultant, and there needs to be a terminus on this cul-de-sac. The question of costs and how much the neighborhood might pay has not been determined. Harris thanked Mr. Mallo for his input; however, she thought we should proceed as Mr. Dietz suggested. III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JULY 7, 1998 Butcher-Younghans said her motion on page 11 should be changed as follows: "...a maintenance plan, and a plan for public use of the site,..." Tyra Lukens said sentence 3, paragraph 3, page 7, should be changed to: "...she thought the features brought up by the developer..., not just older buyers." The final sentence of that paragraph should be replaced as follows: "Since the homes do not have design features that uniquely appeal to the elderly, and the project is not on a bus line nor near shopping, it should be looked at as just another twin home development. As such, there are many appropriately guided sites and several sites more fitting for a guide plan change to allow a project like this. She feels there is no compelling reason for a guide plan change on this site." MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve as published and amended the Minutes of the City Council meeting held Tuesday, July 7, 1998. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 98-127 APPROVING FINAL PLAT OF ANDERSON LAKES CONIl4ERCIAL CENTER 4TH ADDITION C. RESOLUTION 98-128 APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT OF BIDS FOR PIONEER TRAIL SANITARY SEWER AND WATER MAIN, I.C. 98-5458 D. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE BIDS TO BE SOLICITED FOR CITY WELL NO. 13, I.C. 97-5441 E. APPROVE MEMORANDUM OF UNDERSTANDING FOR TH 212 RIGHT-OF-WAY ACQUISITION, DESIGN AND CONSTRUCTION x SEQUENCE, I.C. 93-5305 CITY COUNCIL MINUTES July 21, 1998 Page 3 F. RESOLUTION 98-129 RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING FOR FULLER ROAD STORM SEWER IMPROVEMENTS, I.C. 98-5461 G. APPROVE CONTRACT AMENDMENT FOR PETERSON ENVIRONMENTAL FOR THE WETLAND PROTECTION MANAGEMENT PLAN, I.C. 97-5439 H. APPROVE PROPOSED CHANGES TO OPEN SKATE TIME I. APPROVE CHANGE IN STATUTORY MUNICIPAL TORT LIABILITY LIMITS J. RESOLUTION 98-130 APPROVING ONE YEAR TIME EXTENSION FOR FILING OF FINAL PLAT FOR BEARPATH 7TH ADDITION. Harris said because of the interest in item E regarding the Memorandum of Understanding for TH 212 right-of-way she wanted to discuss the item. She reviewed the history of construction of TH 212, noting that the Council has hosted many Public Hearings on the fate of this roadway and has supported the purposes for which this road is being constructed. In 1996 the Council hosted Public Hearings for consideration of advancing the construction of TH 212 as a toll road but, after lengthy hearings, the toll road was rejected as a method of construction. However, at that time the City Council emphasized the importance of construction of this road. In November of 1997 the City hosted a community forum of 100 citizens randomly picked to determine critical issues facing the City. The forum identified transportation as the most important area of focus for the City at that time. At this point TH 212 will be completed to Mitchell Road by 2000 and the next stage to Hwy.. 4 should be completed shortly thereafter. Harris said item E is not only reaffirmation of the earlier support for TH 212, but represents the Council's proactive negotiation. The State of Minnesota received a $4 million grant to continue the TH 212 process, and this Memorandum of Understanding authorizes the spending of that grant. MOTION: Case moved, seconded by Butcher-Younghans, to approve items A-J of the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. OAK HOLLOW by MSS Holdings. Request for Zoning District Amendment within the R1-22 Zoning District on 3.6 acres, Preliminary Plat of 3.6 acres into 6 single family lots with variances to be reviewed by the Board of Adjustments and Appeals. Location: 13008 Gerard Drive. (Ordinance for Zoning District Amendment and Resolution 98-131 for Preliminary Plat) CITY COUNCIL MINUTES July 21, 1998 Page 4 Jullie said the official notice of this Public Hearing was published on July 9, 1998, in the Eden Prairie News and mailed to 45 property owners. This project contains 6 single-family lots with variances to be reviewed by the Board of Adjustments and Appeals. The location is at 13008 Gerard Drive. Beth Andrews and Steve Kroiss, representing MSS Holdings, reviewed the history of the project, noting that they have worked with the neighbors and Staff to produce a good project. Andrews said Outlot A will have the NURP pond and will be dedicated to the City for future park land. Kroiss reviewed the grading plan, noting they will be custom grading many of the lots in order to work better with the surrounding terrain. They would prefer to build a private road for the project because that would enable them to save several large trees; however they would also be willing to put in a public road if necessary. The homes will be in the $350,000-$500,000 range. Case asked about the dimensions of the road. Kroiss said the Fire Marshall will allow a 24-foot wide road as a private road. They are proposing a 24-foot wide private road with a hammerhead turnaround. Enger said the Planning Commission voted 5-1 to recommend approval of this project at its June 22, 1998, meeting, subject to the recommendations of the Staff Report of June 19. He said Commissioner Dom dissented because he thought the lots were too small and one of them should be dropped. He reviewed the recommendations of the Staff Report. He said the variance required is for use of a private drive in a single family development because Lots 2-6 would not have public road frontage. Lambert said the Parks, Recreation and Natural Resources Commission voted 6-0 to recommend approval at its July 6, 1998, meeting, subject to the recommendations of the Staff Reports of June 19 and June 30. Floyd Siefferman, 6997 Edgebrook Place, said his house is extremely close to the northerly line of this project. He objects to the use of a private road because he is concerned with access for emergency vehicles. The property to the west of this is about twice the size of this project and it will be developed next. He thought there should be plans for a horseshoe road with a temporary cul-de-sac to access the Miller property. He thought this would eliminate another application for a private road. He reviewed the statutes regarding the dimensions of a public road and the requirement to have frontage on a public road. Jerry Miller, the neighbor on the west of the project, thought the loop road suggested would have a problem because it would be too steep. He said there is no timetable for development of his property, and he does not oppose this project. He didn't like the narrow private drive, but he would prefer that over taking down more of the trees. CITY COUNCIL MINUTES July 21, 1998 Page 5 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment within the R1-22 Zoning District on 3.6 acres; to adopt Resolution 98-131 for Preliminary Plat of 3.6 acres into 6 single-family lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case thought this is a twist on our discussion at the last meeting regarding Guide Plan changes. This project is within the Guide Plan but requires some variances to be squeezed into the Guide Plan. He had some concerns about access for emergency vehicles. He was trying to visualize what the project would have to look like at the point where he would decide to vote against it. Tyra-Lukens thought there are two mitigating circumstances about this project—the outlot and the proportion of trees being saved. She thought those two things have driven a lot of the design features. Butcher-Younghans thought we decide these issues on a case-by-case basis; however, in this case there is benefit in allowing the variances. Harris also thought it is important to continue to view each project on a case-by- case basis. Thorfinnson thought it is very hard to set standards. VOTE ON THE MOTION: Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Payment of Claims. Motion carried on a Roll Call vote with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VHI. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. APPOINTMENT TO THE BOARD OF ADJUSTMENTS AND APPEALS Tyra-Lukens nominated Mary Vasaly. There were no further nominations. CITY COUNCIL MINUTES July 21, 1998 Page 6 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Mary Vasaly to fill an unexpired term on the Board of Adjustments and Appeals extending through March 31, 1999. Motion carried 5-0. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Update of I-494 Corridor Commission Thorfimson said they have decided August will be the best time for the bus tour of I-494 because that is the legislative break. They also intend to invite local elected officials and will try to include everyone. He said they are continuing to work hard on traffic demand management and have been meeting with various companies and developers that have been putting up new buildings along the strip. They have talked to the cities involved about incorporating traffic demand management into their developer's agreements. Minnetonka Corporate Center and Super Valu are both developing van pooling projects. He noted that, while they aren't getting the road built, they are doing other good things. B. REPORT OF CITY MANAGER 1. 1997 Comprehensive Annual Financial Report (CAM Jullie said Minnesota Statutes require that by June 30 of each year the City prepare a financial report for activities of the previous fiscal year. This accounting report was forwarded to the State by that deadline. He said preparation work for this report is largely done by the finance department. The report is prepared with review by the independent auditing firm of EideBailly LLP. Dave Steen, partner in the accounting firm, reviewed the CAFR. He said the internal controls and procedures were tested, and the City has a very adequate system of checks and balances. He noted the transmittal letter for the report gives an excellent overview of the financial status of the City, and the trend information in the back is very useful. The City has a very strong financial condition. Steen said the report qualifies for a national award. Harris noted we are very proud of this report and kudos should go to Staff and the City Manager for their efforts. CITY COUNCIL MINUTES July 21, 1998 Page 7 MOTION: Case moved, seconded by Thorfimson, to approve the 1997 Comprehensive Annual Financial Report (CAFR). Motion carried 5-0. 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 XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra- Lukens moved, seconded by Thorfmson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:20 PM.