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City Council - 12/01/1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 1, 1987 7 : 30 PM CITY HALL COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Sue Anderson. PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following tems were added to the Agendas X.A. 1. Discuss Parking of Boats Campers and Recreational 4. Vehicles; X.A. 2 . Fireman Calls Discussion; X.B.S. Report on Selection Process of LRT System for Hennepin County; X.B. 6. Update on Downtown Plan In Process X.8.7 . Authorize Bids to Refurbish Fire E_ng tne No. 1 MOTION: Pidcock moved, seconded by Bentley to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES A. Special City Council meeting held Tuesday, November 3, 1987 The following changes were made: Page 3 paragraph 2 line 1 and 2 shall read: Harris said she felt it was worthwhile toi pursue all available options. Page 3 ara ra h 3 line 5 word 4 shall be: role. Page 4 ara ra h 2 line 1 and 2 shall read: Harris said the Staff addressed the options and their investigation determined recommendations for the City. MOTION: P dcock moved, seconded by Harris, to approve the Minutes of the Special City Council meeting held Tuesday, November 3, 1987, as published and amended. Motion carried unanimously. City Council Minutes 2 December 1, 1987 B. Regular City Council meeting held Tuesday, November 3 , 1987 The following change was made: Page 10, paragraph 3 starting Harris again asked. . . , shall be deleted in its entirety_ MOTION: Pidcock moved, seconded by Harris, to approve the Minutes of the City Council meeting held Tuesday, November 3 , 1987, as published and amended. Motion carried unanimously. III . CONSENT CALENDAR A. Approval of Human Rights & Services Commission recommendation for Senior Commun ty Services request B. Authorize permit application for connection to MWCC Sanitary Sewer Interceptor for Fountain Place Apartments (Resolution No. 87-319) C. Authorize execution of Department of Natural Resources h cense to cross public waters for Founts n Place Apartments (Resolution No. 87-320) D. Change Order No. 2, Homeward Hills Road, I.C. 52-033A E. Change Order No. 1_,_ Hidden Glen 3rd Addition, I.C. 52- 102 Y F. Approval of License Agreement with Chicago and Northwestern_ Transportation Company for construction and maintenance of a 15-tench waterma n cross ng railroad property on Va-1- ey view Road G. Resolution declaring costs to be assessed and ordering preparation of supplemental 1987 Special Assessment Roll and settin hearing date for December 15, 1987 (Resolut on No. 87-314) H. Final Plat Approval for Fountain Place Apartments (located north of Columbine Road and west of TH 169 (Resolution No. 87-315) I. Authorize preparation of a feasibility study for drainage improvements on Ram-11ton Road, I.C. 52-131 (Resolution No. 87-317) J. Terex Loader „buy-back" K. Receive 1004 Petition for Utility Improvements for q on Park Addition & Authorize- Preparation�of Plans and Spec fIcat ons, I.C. 52-133 (Resolution No. 87-321) MOTION: Anderson moved, seconded by Harris, to approve Items A-K on the Consent Calendar. Motion carried unanimously. �,a City Council Minutes 3 December 1, 1987 IV. PUBLIC HEARINGS A. EASEMENT VACATION 87-10 VACATING DRAINAGE AND UTILITY EASEMENTS OVER LOTS It 2 , 3 AND 4� BLOCK 2, RAVEN RIDGE (Resolution No. 87-318) City Manager Jullie reported that notices of this public hearing were sent to owners of surrounding properties and utility companies, and published in the November 11, 1987 issue of the Eden Prairie News. Reasons for the vacation of drainage and utility easements relate to a replatting process over the affected lots. MOTION 1: Anderson moved, seconded by Bentley to close public hearing. Motion carried unanimously. MOTION 2 : Anderson moved, seconded by Bentley to adopt Resolution No. 87-318 effecting the vacation of easements. Motion carried unanimously. B. ROGER'S BODY SHOP by Roger L. Lindeman. Request for zoning District Change from Rural to I-2 on 1. 68 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 1.91 acres into one lot and road right-of-way for construction of an auto body shop. Location: Highway #169 across from the Hennepin County Vocational Technical School. (Ordinance No. 44-87 - Rezoning; Resolution No. 87-249 - Preliminary Plat) T' continued from September 15 and October 6, 1987 . City Manager Jullie reported that this public hearing was a continuation from September 15 and October 6, 1987 at the request of the proponent. The two issues that remained unresolved were the provision for a roadway and the sanitary sewer system. Ron Krueger, representing Roger Lindeman, stated proponent seeks zoning district change from Rural to I-2 Park on 1. 62 acres and Preliminary Plat of 1. 93 acres in order to construct a vehicular body repair shop. Proponent wishes to provide a septic system for treating sewage because the nearest sanitary sewer hookup available was 1300 feet to the north and would require a pump to access the sewer due to elevation differences. The best access for sanitary sewer was through the William' s property to the east, which was not yet developed, and to the Meadow Park Subdivision, again 1300 feet away. Krueger illustrated on the plat that the property was located on the east side of Highway #169 and across from the entrance to the Hennepin Technical Center. The roadway issue affects access to the proponents ' property to the north and two private residential properties to the south, as well as a + future road extension to the Williams' property. After two City Council Minutes 4 December 1, 1987 months of working with Staff, proponent plans a 24 ' driveway to access the property. This solution was satisfactory to affected property owners. The right-of-way would be included in the plat and a shared driveway would be constructed. The owner of the affected property would be required to sign a special assessment agreement for the future roadway and public utilities. Enger reported that Planning Commission reviewed this item at its August loth and 24th, 1987 meetings and recommended approval of the project with conditions on a 5-0 vote, that access to property and lack of sanitary sewer utility be worked out. Bentley affirmed that the roadway would be a private drive in an agreement until a road was built by the City. Dietz reported that the property lines accommodated a road right-of-way, but until a functional need for the road arises it was cost-prohibitive to build. This area does have potential for a future roadway. Bentley inquired as to reason for I-2 zoning in that a body shop was not considered industrial, but rather commercial; and reminded Council and Staff that I-2 does not allow outside storage, and if this was approved it would be inconsistent with City Guide Plan. ` Anderson inquired if facility can be used without car wash, toilet and sink. Dietz responded that car wash would be prohibited until sanitary sewer was in place. Anderson asked Staff if the City allows development of property before services or develops when the demand was there? Dietz further commented that Modern Tire has been in q operation for some time with a septic system, and Williams Mini-Storage operation was 3000-4000 sq. ft. and has a 1/2 dozen employees and use of septic system has been sufficient. a Bentley expressed concern of commercial use in an industrial zone. If the City continues this pattern, the City Guide Plan should be amended. Mayor Peterson commented that given the nature of the work, tie would rather see it in an industrial area. MOTION 1: Harris moved, seconded by gidcock to close the public hearing. Motion carried unanimously. MOTION 2 : Harr s moved, seconded by Pidcock to approve lot Reading of Ordinance No. 44-87 for Rezoning. Motion carried 4-1. Bentley opposed. City Council Minutes 5 December 1, 1987 MOTION 3: Harris moved, seconded by Pidcock to adopt Resolution No. 87- 249 approving the Preliminary Plat. Motion carried unanimously. MOTION 4: Harris moved, seconded by Pidcock to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, Council conditions, and specifically prohibit car wash until sanitary sewer was in place on this property. Motion carried unanimously. C. SHADY OAK RIDGE 2ND ADDITION by Joe Ruzic. Request for Zon nq Distr t Change from Rural to R1-13 . 5 on 9. 19 acres, Zoning District Amendment within the R1-13. 5 District on 2.88 acres and Preliminary Plat of 3. 08 acres into 4 single family lots. Location: West of Old Shady Oak Road, north of Rowland Road. (Ordinance No. 59-87 - Rezoning and Zoning District Amendment; Resolution No. 87-292 - Preliminary Plat) City Manager Jullie reported that notice of this public hearing was sent to owners of 9 surrounding properties and published in the November 18, 1987 issue of the Eden Prairie News. The proponent seeks Zoning District Change from Rural to R1-13 . 5 on 0. 19 acres, Zoning District Amendment on 2 . 8 acres, and Preliminary Plat of 3 . 08 acres into four single- family lots. Ron Krueger, representing Joe Ruzic rep orted that the property under consideration was located on the want side of Old Shady Road north of Rowland Road, and that proponent requests a replat of four lots zoned in 1986, and to accomplish the plat without future variances, the addition of 0. 19 acres was required. Enger reported that the Planning Commission heard this item at its November 9, 1987 meeting and recommended approval of the proposal on a 6-0 vote. Lambert reported that the Parks, Recreation and Natural Resources Commission recommended approval of the proposal with the inclusion of the proposed sidewalk. MOTION 1: Bentley moved, seconded by Pidcock, to close the public hearing. Motion carried unanimously. MOTION 2: Bentley moved, seconded by Pidcock, to approve lot Reading of Ordinance No. 59-87 for Rezoning and Zoning District Amendment. Motion carried unanimously. MOTION 3 : Bentley moved, seconded by Harris, to adopt Resolution No. 87-292 approving the Preliminary Plat. Motion carried unanimously. City Council Minutes 6 December 1, 1987 MOTION 4 : Bentley moved, seconded by Harris, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. D. JENKINS ADDITION, by John Jenkins. Request for Zoning District Change from Rural to R1-13 .5 on 5. 61 acres, and Preliminary Plat of 5. 61 acres into 2 lots and one outlot. Location: North of Research Road, south of Ridgewood west. (Ordinance No. 60-87 - Rezoning; Resolution No. 87-312 - Preliminary Plat) City Manager Jullie stated notice of this public hearing was sent to owners of 68 surroundings properties and published in the November 18, 1987 issue of the Eden Prairie News. The proponent seeks Zoning Di3trict Change from Rural to R1-13.5 and Preliminary Plat of 5 . 61 acres into 2 lots and one outlot. Jenkins property was north of Research Road and east of the Starrwood Addition. Platting of this property would result in having all of the property on the north side of Research Road and east cF Purgatory Creek being platted. Enger reported that the Planning. Commission heard this proposal at its November 9, 1987 meeting and recommended approval on a 6-0 vote. This was not reviewed by Parks, Recreation and Natural Resources Commission. Frank Cardarelle, representing Mr. & Mrs. John Jenkins, set forth the request for rezoning indicating the size for Lot 1 was 29, 743 sq. ft. and 33 , 567 sq. ft. for Lot 2 . Proponent met with neighbor Robert Dehlor regarding the sight line and his concern of his view of the lake being blocked. Cardarelle stated trees and slope would remain in their original state. Anderson inquired about partial road and if it was public. Cardarelle responded that it was a private drive and would serve two homes. Anderson asked Staff if City has an agreement with Centex Development and those east to leave slopes and trees in natural state. Pauly stated it could have been accomplished by incorporating it into a conservation easement, and that such an easement could be used on the Jenkins subdivision. Dietz cautioned Council regarding a conservation easement, noting that utilities are going to come through on Research Road and there has to be a space for this. Anderson then asked Dietz what he would recommend. He replied possibly a corridor to identify lots from the legal description, and areas where there are not too many trees, could be incorporated into developing the conservation easement. Cardarelle asked if 50' easement was a problem. City Council Minutes 7 December 1, 1987 Peterson asked if this matter could be formalized. Dietz replied it could be a blanket easement for utilities on each lot line. Robert Dehlor, 8810 Knollwood Drive, expressed concern that with a 30 ' high home, his view would be obstructed. Cardarelle explained that sight lines indicate he would view the lake over the top of the roof. Bentley requested that similar language used for Starrwood be stated for Jenkins Addition that occupancy permits be issued only after the plan was in place for Research Road upgrade and eventual blacktop, and that such road upgrade be in process. The existing road was not satisfactory for building permit issuance. MOTION 1: Harris' moved, Pidcock seconded, to close the public hearing. Motion carried unanimously. MOTION 2 : Harry moved, Pidcock seconded, to approve lst Reading of Ordinance No. 60-87 for rezoning. Motion carried unanimously. MOTION 3 : Harris moved, Pidcock seconded, to adopt Resolution No. 87- 312 approving the Preliminary Plat. Motion carried unanimously. MOTION 4 : Harris' moved, Pidcock seconded, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims Nos. 38861 -39149. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye. " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A. RESOLUTION PROCLAIMING FEBRUARY 1988 AS "EDEN PRAIRIE LAVES ITS KIDS MONTH" (Resolu ion No. 87-322) . MOTION: P dcock moved, Anderson seconded, to adopt Resolution No. 87- 322 proclaiming February 1988 an "Eden Prairie Loves Its Kids Month. " Motion carried unanimously. VII . PETITIONS, REQUESTS & COMM;NICATIONS None _ City Council Minutes 8 December 1, 1987 VIII. REPORTS OF ADVISORY COMMISSIONS None IX. APPOINTMENTS A. City Manager Julie reported that a vacancy to the SOUTHWEST METRO TRANSIT COMMISSION for a Commissioner from. Eden Prairie would exist in January. The Commission meets at 7 : 30 PM on the third Thursday of the month for 2 hours or less. An Eden Prairie residency was required. Pidcock placed George Bentley in nomination, and Bentley replied affirmatively. MOTION: P dcock moved, seconded by Harris, to appoint George Bentley as Eden Prairie Commissioner to the Southwest Metro Transit Commission effective January, 1988. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Bentley: Discussion on Firefighters ' Pay Benefits Bentley asked City Manager Jullie how often Fire-fighters were paid, and are police officers paid extra for responding to a fire when they are already on duty. Jullie responded firefighters are paid every six months, and police officers do receive extra pay for responding to fire calls when they are on duty. Bentley requested further discussion on the issue of police officers already on duty receiving extra pay for firefighting duties. He requested this be placed on agenda for discussion in the future. Peterson stated the salary review does not address that issue but the City can include it at that time. 2 . Anderson: Discussion on Storage of Boats, Campers and Recreational Veh Iles not inaccordance with 5 ' lot 1 ne easement. Anderson expressed concern over 5 ' easements on lot lines and how owners of boats, campers, etc. have these items parked in their yards six months of the year covered with sightly blue tarps. They block other residents' view. City Manager Jullie stated Staff would look into code and would issue report on how extensive the problem was and would put this item on the agenda in the future. City Council Minutes 9 December 1, 1987 B. Report of City Manager 1 . Set Special City Council Meeting City Manager Jullie reported that the City Council desires a Special City Council meeting to discuss the Final Report of the Residents Advisory Committee on City Administrative Offices which it received at the last Council meeting. A meeting in January or early February was suggested. MOTION• P dcock moved, seconded by Harris, to direct Staff to set 7 : 00 PM Wednesday, January 13 1988 as the date for Special City Council meeting to discuss Final Report of the Residents Advisory Committee on City Administrative Offices. Motion carried unanimously. 2 . Public Safety Department Changes City Manager Jullie stated it was requested that the Council authorize the uniform changes and utilization of the terms "Police Department" and "Police Officer" as recommended in his memorandum of October 1, 1987. He reported that these changes would be made with the understanding that the City was not changing its philosophy of providing courteous, responsive, and caring ,a service, but rather simply making superficial changes which would be appreciated by the officers. Bentley responded that after looking over the request and talking with a number of residents, it does make logical sense to make motion of name change. Pidcock expressed reluctance of change in view of the lobbying effort years ago to name it Public Safety. Peterson stated that in 1987 it makes very good sense to change the name. Anderson stated that for a great many years everyone has been happy with Public Safety Department. He has some regrets about the change and was concerned that the name 9 change could possibly change the reputation. It would ; have a different connotation. fi MOTION: i Bentley moved, seconded by Harris to authorize the uniform changes and utilization of the terms "Police Department" and "Police officer" in lieu of Public Safety Department and Public Safety Officer. Motion carried unanimously. 3 . City Manager Salary Review Peterson reported that the City Manager's last salary adjustment was made on January 1, 1987 . The City Manager City Council Minutes 10 December 1, 1987 has respectfully proposed to the Council consideration of step salary increases which would bring his salary to $68, 000 by July, 1988 . Harris stated after hearing the report on pay equity, it was apparent that the City is in a good competitive position in the current market since the Managers salary is only 1. 6% from the market value. The City should however encourage continued good performance by the City Manager through a 3% C.O.L.A. plus 2% financial incentive to bring the Manager even with the market. Pidcock concurred with Harris' recommendation. Bentley stated that the proposed increase was only 1% more than what Harris was suggesting, and was not terribly significant but it' s more the principle. He further stated he would prefer not seeing the motion changed, but duly noted the argument fair and equitable. Anderson stated he was comfortable with either increase. Peterson stated this discussion should be placed during the process of salary review. MOTION: Bentley moved, seconded by Peterson, to approve salary adjustment for City Manager in the manner of step salary increases to bring salary to $68 , 000 by July, 1988. Motion carried unanimously. 4 . Per Diem for Council Members City Manager Jullie reported that several Council Members have inquired about a per diem compensation for City-related business meetings outside the City. A policy has been drafted for Council Member consideration. Mayor Peterson delayed discussion on this issue until next Council meeting. 5 . Report on Selection Process of Light Rail Transit LRT System for Henne�np n�County Janet Leick, Administrative Assistant of the Bureau of Public Service for Hennepin County, distributed a booklet and reported the background of the Hennepin County Regional Railroad Authority (HCRRA) to present 1987 Legislature removing 1985 prohibition of expenditure of public funds on LRT to encouraging development of comprehensive LRT system plan. The corridors strongly being considered are the northwest through Hopkins and the southwest through Eden Prairie and Chaska. Eden Prairie has two representatives on the HCRRA Advisory Committee, City Planning Commissioner Doug Fell and ( City Councilmember Jean Harris. Leick reported the urgency at the moment was the possible abandonment of the Chicago and Northwestern Line through Eden q City Council Minutes 11 December 1, 1987 Prairie. The HCRRA could purchase the track for the southwest corridor if it became available. The City of Hopkins hired a consutlant in 1984 to do a study in preparation of LRT corridor. The goal of the HCRRA was to finalize their best recommen-dation and present it to the people. This would be stage one of a twenty year plan. Bentley inquired why this LRT was being fast-tracked. He added that the Council had not been approached prior to this presentation, and was now being asked to consider an LRT corridor without any previous study in a very short time period. Leick responded that the planning process was extensive and it was the feeling that the abandonment of the rail line brought additional focus to the southern alignment for a corridor in stage 1. She apologized if it looked like they were putting the City in an awkward position and offered all the assistance and help the City needed in evaluating this presentation. City Manager Jullie responded that Staff had not had much opportunity to review the details needed to make recommenda- tions. He said that the City needs the accurate facts before it can evaluate the concept. Pidcock inquired if Eden Prairie area was diverse enough for the . LRT, if transit feeder systems were necessary, and if adequate park and ride space had been considered. Leick responded that the bus system was an intricate part of the LRT. It would provide transportation to the park and ride J spaces. Anderson stated the rail lines through Eden Prairie may not be abandoned and available to purchase in the future. He was ' concerned about the ability to expand roads and high fees to park downtown. For these reasons, LRT should be thoroughly evaluated now. t Doug Fell, HCRRA Advisory Committee person for southwest corridor representing Eden Prairie, reported the the committee has been operating on the premise that they all want the southwest area in the first stage to be the viable powerful corridor. Fell inquired if railroad was not abandoned could the LRT share time on the line. Leick responded it was possible but very complicated and doubted if they would consider that avenue. Harris expressed her concern on the demographic information not adequately reflecting the current status of Eden Prairie and therefore impossible to project ridership. Peterson inquired if traffic would flow in both directions AM and PM enabling University neighborhood to work in southwest area. Leick responded affirmatively. City Council Minutes 12 December 1, 1987 Bentley stated he felt slighted from the County that they have not made more of an effort to get in touch with Eden Prairie City Officials. Pidcock stated her interest in the concept was positive. Peterson thanked Leick for presentation and stated the position of the Council has been heard and was clear for her to take back to the County Officials. He then thanked Fell and Harris for their work on the Southwest Metro LRT Advisory Committee. 6 . Update on Downtown Planning Process Chris Enger, Director of Planning, reported that the goal for downtown Eden Prairie should be reviewed so when Council and Staff talk to residents the same concept statement was heard. City was considering perhaps an informal small downtown area, perhaps a town square plaza that circles a downtown park, developing elements of a main street mixing shops and offices. He stated they are at a plateau of what they have done and further discussion was needed to continue strategic planning. Peterson thanked Enger and stated the council appreciated the update. Peterson instructed Pauly to research specifics in order for Council to know standing when further discussion was initiated. 7 . Authorize Bids to Refurbish Fire Engine No. 1 City Manager Jullie reported that Fire Engine No. l recently sustained $10, 000 damage from an accident at Highway 5 and Mitchell Road, and discussions with the manufacturer have yielded opportunities to improve the fire fleet. Fire Chief Johnson in detailing the possibilities for repairs and refurbishment of pumpers proposes a trade-in of Engine No. 4, an older piece of equipment, and the use of $20,000 budgeted for refurbishing that engine be applied to the $500000 estimated cost to refurbish Engine No. 1. Refurbishing Engine No. 1 was contemplated for 1989 but in light of the repairs now necessary considera- tion was to repair and refurbish Engine No. 1 and remove Engine No. 4 from service. MOTION: Anderson moved, seconded by Pidcock to authorize the preparation of specifications and advertisement for bids for the refurbishment of Engine No. 1 with the trade-in of Engine No. 4 . Motion carried unanimously. I { l City Council Minutes 13 December 1, 1987 i C. Report of City Attorney None D. Report of Director of Planning None E. Report of. Director of Community Services None F. Report of Director of Public Works Dietz informed Council of Plans for ground breaking ceremony for Chain of Lakes, and-Tnciurred interest in attending event. Council responded affirmatively interested and to advise them of time and day. XI. NEW BUSINESS 4 None XII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson to adjourn at 10:27 PH. Motion carried unan mouely.