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City Council - 10/05/1999 APPROVED MINUTES EDEN PRAMIE CITY COUNCIL TUESDAY, OCTOBER 5, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Jean Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE M. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Enger deleted Item V. J. from the Consent Calendar. Tyra-Lukens moved, seconded by Thorfinnson, approval of the agenda as published. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL WORKSHOP/FORUM HELD TUESDAY, SEPTEMBER 21, 1999 Mayor Harris made a correction on page 4. At the end of the first sentence in the second paragraph should be added ". . . , and with City dollars available to meet the needs not met with FamiLink funds." MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve the minutes of the City Council Workshop/Forum held Tuesday, September 21, 1999, as published and amended. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 1999 Mayor Harris made a correction on page 5. The third paragraph should read "Mayor Harris added that another important function of the Leisure and Communication Board was communication, in addition to the integration of the work of all committees and commissions . . ." CITY COUNCIL MINUTES October 5, 1999 Page 2 MOTION: Case moved, seconded by Thorfinnson,to approve the Minutes of the City Council Meeting held Tuesday, September 21, 1999, as published and amended. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LARIAT OFFICE BUILDING Request by Lariat Companies,Inc. 2nd Reading of Zoning District Amendment within the C-Reg-Ser Zoning District on 2.28 acres and Site Plan Review on 2.28 acres. Location: 8205 Commonwealth Drive. (Ordinance No. 31-99 for Zoning District Amendment and Resolution 99-175 for Site Plan Review) C. PHILLIPS & TEMRO INDUSTRIES, INC. Request by Phillips and Temro Industries, Inc. 2nd Reading of Zoning District Amendment within the I-2 Zoning District on 7.44 acres, Site Plan Review on 7.44 acres and Preliminary Plat of 7.44 acres into one lot. Location: 9700 West 74th Street. (Ordinance No. 32-99 for Zoning District Amendment and Resolution No. 99-176 for Site Plan Review) D. CITY HILL FELLOWSHIP Request by City Hill Fellowship. 2nd Reading of Planned Unit Development Concept Amendment on 7.9 acres, Planned Unit Development District Review on 7.9 acres, Zoning District Amendment within the Public Zoning District on 7.9 acres, Site Plan Review on 7.9 acres and Preliminary Plat on 7.9 acres into one lot. Location: 12901 Roberts Drive. (Ordinance No. 27-99-PUD 21-99 for PUD District Review and Zoning Amendment, and Resolution No. 99-177 for Site Plan Review) E. SHADY OAK ESTATES Request by Bruce Nelson. 2nd Reading for Planned Unit Development Concept Review on 14.64 acres, Planned Unit Development District Review on 14.64 acres, Rezoning from Rural to R1-13.5 on 14.64 acres and Preliminary Plat of 14.64 acres into 9 lots and 2 outlots. Location: North of Old Shady Oak Road. (Ordinance No. 29-99-PUD-23-99 for PUD District Review and Zoning Change) F. ADOPT RESOLUTION NO. 99-178 APPROVING FINAL PLAT OF DELEGARD ESTATES G. ADOPT RESOLUTION NO. 99-179 APPROVING FINAL PLAT OF PHILLIPS &TEMRO ADDITION H. ADOPT RESOLUTION NO. 99-180 APPROVING FINAL PLAT OF SHADY OAK ESTATES I. APPROVE 2'READING OF ORDINANCE NO. 33-99 AMENDING CITY CODE CHAPTER 2,RELATING TO BOARDS AND COMMISSIONS CITY COUNCIL MINUTES October 5, 1999 Page 3 J. AUTHORIZE EXECUTION OF PROJECT MANAGEMENT AGREEMENT FOR THE EDEN SHORES PROJECT K. ADOPT RESOLUTION NO. 99-181 AUTHORIZING EXECUTION OF DOCUMENTS FOR SALE OF PROPERTY TO 7711 MITCHELL PARTNERS L. ADOPT RESOLUTION NO. 99-182 AUTHORIZING SALE OF LAND TO MNDOT FOR TH 212 M. APPROVE CHANGE ORDER NO. 1 FOR WELL COLLECTOR LINE PROJECT,I.C. 98-5476 Pauly stated, with regard to Item I, that the form of Ordinance No. 33-99 and the summary, as submitted, is not correct. Changes from the draft, approved by the City Council on September 21, were not carried forward to the final version. He said he has incorporated these changes into both the ordinance and summary and asked Council for approval to substitute them for the ones originally distributed. Enger said, with regard to Item I, he has met with Councilmembers Butcher- Younghans and Thorfinnson and the various agencies involved to determine how human service needs could be more adequately addressed. Enger suggested that Familink continue to do the Human Services Needs Assessments for the City. Coordination of the agencies involved in human services would be managed under Intergovernmental Bodies on the Boards and Commissions chart, with a Council liaison that would report directly to the City Council. They suggested also that HTHSB funds be handled by an in-house committee made up of City Staff members currently involved in Public Safety, Youth and other areas, and that their recommendations be made directly to the City Council. They also suggested diverting some City resources for human service needs. Tyra-Lukens said she is satisfied with the way human service needs will be handled. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve Items A-M on the Consent Calendar, with Item J deleted, including approval of Ordinance No. 99-33 and Summary of Ordinance No. 99-33 as amended. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS A. BROWN ADDITION by Pemtom Land Company Request for Planned Unit Development Concept Review on 23.87 acres, Planned Unit Development District Review with waivers 8.59 acres, Rezoning from Rural to RI-13.5 on 4.09 acres, Zoning District Amendment within the R1-13.5 Zoning District on 1.02 acres and the R1-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots and 2 outlots, and Musa Line addition of 1.65 acres. Location: East of Overland Trail and Frontier Place;North of Flying Cloud Drive. (Resolution for PUD CITY COUNCIL MINUTES October 5, 1999 Page 4 Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution for Preliminary Plat, and Resolution for MUSA Addition) Enger said a request was received from The Pemtom Land Company to postpone action on the Brown Addition in order to resolve alternative trail issues, and to reschedule the public hearing for the October 19 City Council meeting. MOTION: Thorfimson moved, seconded by Case, to continue the public hearing on Brown Addition to October 19, 1999. Motion carried 5-0. B. RESEARCH SECOND ADDITION by Starkey Laboratories. Request for Planned Unit Development Concept Amendment on 13.13 acres and Preliminary Plat on 13.13 acres into 2 lots. Location: Flying Cloud Drive and Crosstown Circle. (Resolution for PUD Concept Amendment and Resolution for Preliminary Plat) Enger said the different portions of this development should be considered together, and he recommended continuing this public hearing to the October 19 City Council meeting. MOTION: Case moved, seconded by Butcher-Younghans,to continue the public hearing on Research Second Addition to October 19, 1999. Motion carried 5-0. VH. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher- Younghans, Case,Thorfinnson,Tyra-Lukens and Harris voting"aye." VHI. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS A. APPOINTMENT TO NEW PLANNING BOARD Enger said, in light of the Council's approval of the process and criteria for appointment to the new Community Planning Board at its September 21 meeting, a list of candidates for the new Community Planning Board has been put together reflecting Council's action. These appointments create a Planning Board of the appropriate diverse backgrounds while providing continuity between the old and the new planning boards. The members represent various Boards with terms expiring in March 2000 and those with terms extending through March 2001. He requested appointment of those people to the new Community Planning Board. CITY COUNCIL MINUTES October 5, 1999 Page 5 Case inquired if some of the seven whose terms expire in March 2000 could be reappointed in March, and Mayor Harris said they could. MOTION: Case moved, seconded by Tyra-Lukens, to appoint to the new Community Planning Board: Randy Foote, Vicki Koenig, Beverly Alexander, Marvin Cofer, Franz Corneille, Katherine Kardell, and Ray Stoelting to terms effective January 1, 2000 through March 31, 2000; and to appoint Rebecca Lewis and Kenneth Clinton to terms effective January 1, 2000 through March 31, 2001; and to appoint Randy Foote as Chair. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report by Mayor Harris About Public Meeting on Hwy. 101 Mayor Harris attended a public meeting on September 29 regarding improvements to Highway 101 between Highways 62 and Highway 5. She said Eden Prairie residents were more concerned about the process that will be used for making ultimate decisions. They were told this was the first in a series of steps and that no decisions were to be made that night. Residents were also concerned with the length of time construction would take and the disruption this would cause. Their third concern was that some homes would have to be removed, and the fourth concern was that this would result in more noise from traffic reaching their homes, located behind the homes being removed. It was a very open meeting and everyone who wished to do so had an opportunity to speak. The comments will be summarized and reviewed by the counties and by the various city councils. Dietz said the comments are being summarized by the engineering consultants for the project, including comments raised by the counties. It will likely be two or three weeks before they are available for review. B. REPORT OF CITY MANAGER 1. Set Special Meeting Date for Capital Improvement Plan Workshop of November 9, 1999 from 5:00—7:30 p.m. at City Center Enger asked Councilmembers if they are available to meet for a Workshop to review the Capital Improvement Plan on November 9, 1999 from 5:00- 7:30 p.m. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve November 9, 1999, as the date for a Capital Improvement Plan Workshop. Motion carried 5-0. CITY COUNCIL MINUTES October 5, 1999 Page 6 C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Meeting with Residents of The Preserve Regarding Preserve Park Hocked Lambert reported he met with about 30 residents of The Preserve in the Preserve Barn on September 28 to discuss their concerns about the relocation of the hockey rink in Preserve Park. Their concerns were the visual impact of the hockey rink, the rink's lights, and the noise caused by pucks hitting the boards around the rink. Lambert told the residents he would see if he could get luminaires that cast the light down more than is presently proposed. However, he has found out it would be necessary to purchase 50-foot light standards,which would cost$10,000 more than the shorter standards presently proposed. Residents also inquired about obtaining a portable rink that could be removed in the summertime. They mentioned several cities that have portable rinks. Lambert contacted their parks and recreation directors, who said the only reason they have portable rinks is because they are located in areas needed for other activities during the summer. If they had a choice they would not have them because they require high maintenance and a lot of storage space. Lambert does not recommend purchasing portable rinks for Eden Prairie. Lambert believes the answer to residents' concerns is to provide good screening around the rink. The question on lights is whether to go to 50- foot light standards with more downcast luminaires. They would produce a higher glow,which residents probably would not like. Lambert does not recommend purchasing them. He is meeting again with Preserve residents on October 11 to explain his findings. Butcher-Younghans inquired what hours the rink is open. Lambert replied it closes at 9 p.m. Sunday through Thursday and closed at 10 p.m. Friday and Saturday. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES October 5, 1999 Page 7 XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in the Training Room. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. Mayor Harris stated if you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 7:30 p.m.