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City Council - 03/15/1988 Eden Prairie City Council Meeting Minutes Mauch 15, 1988 Page i APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 15, 1988 7:30 PM CITY HALL COUNCIL CHAMBERS limo EXECUTIVE DRA1 E COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley,Jean Harris and Patricia Pidcock. CITY COUNCIL STAFF: City Manager Carl J.Jullie,Asst. to the City Manager Craig Dawson,City Attorney Roger Pauly,Director of Planning Chris Enger, Director of Cornrnunity Service s Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Sue Anderson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. L APPROVAL OF AGENDA The following items were added to the Agenda.-Vlll.Grant Merritt Report on Legislative Landfill Situation; X.A.1. Discussion on Orientation of Commission Members; X.B.4.Set Special Meeting with Human Rights Commission for Presentation of Human Services Model.;X.S.5.Proposal for Southwest Eden Prairie Development Plan Study; X.B.6. Membership on the Board of Appeals and Adjustment;X.B.7. Closed Executive Session on George Hoff Report on NSP Power Line Situation; X.E.S. Discussion on Eligibility Fee for Softball Teams. MOTION Motion was made, and seconded to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES i A. Regular City Council Meeting held liresday, January 19,1988 The following changes were made: Page 11, paragraph 4 should read: Harris,looking at proposed Plan 1 B; Page 11, motion should read: Motion 1 Pidcock moved,seconded by Harris; C Page 11 add: Motion 2: Bentley moved, seconded by Anderson to table the motion that the proposed development had no potential for significant environment effects. Motion carried unanimously ; Page 20, paragraph 3, fine 3 should read: a revised section 2 should be developed by Council review. MOTION Harris moved, seconded by Pidcock, to approve the Minutes of the City Council Meeting held Tuesday,January 19, 1988, as.published and amended. Motion carried unanimously S. Special City Council Meeting held Tuesday March 8, 1988 The following changes were page: Page 2, paragraph 5, line 3 should read: He inquired of the City Manager what the City might do to financially aid the development; Page 3, motion 2,line 2 l should read:to participate in the preparation of a Request for Proposal for the Master Plan of the Eden Prairie City Council Meeting Minutes March 15, 19W Page 2 area; Motion 3, line 1 should read: to direct Staff to try to bring other property owners; Motion 5, line 5 add: Motion carried unanimously. { MOTION Harris moved, seconded by Pidcock to approve the minutes of the Special City Council Meeting held Tuesday, March 8, 1988. as published and amended. Motion carried 4-0-1. Anderson abstained. Ili. CONSENT CALENDAR A. CteWs License List B. Cbr=Order No. 1 - Fire$,tom Cunt C. A2proval of Addendum to the Joint Power lizah Subu Adautive Recreation Board D. Bergman Addition by Richard and Una Bergman and Richard and Marjorie Ziminske. Approval of Developer's Agreement for Bergman Addition. (Location: South of Holly Road, east of Rosemary Road) E. AMOLUBE QUICK CHANGE. 2nd Reading of Ordinacce No. 10-88, Amending Ordinance No. 32-84-PUD-5-84 within the PUD-3-Neighborhood-Commercial District;Approval of Supplement to Developer's Agreement for Amoco Oil Company, and Adoption of Resolution No.88-38, Authorizing Summaryof Ordinance No. 1 0-88 and Ordering Publication of Said Summary. Location: Southeast quadrant of Anderson Lakes Parkway and Highway 169. i. CChar ae Order No. 1 for B .Egg 4th Addition. I.C. 52-096 G. Fjnaipiat awmy.ai for Prairie Knoll 3rd Addition(located north of Valley View Road and west of Ontario Boulevard) Resolution No. 88-37 H. Agreement between Rays bl, Wetter. Jr. and Carole Ann Welter f`ownersl and The C1Y of Ern Prairie regarding improvements to Blossom Road I. Grading Permit for Steve Kohles to construct berm adjacent to Valley View Road on Lot 2. Block 3, Paulsen's Addition J. ROGER'S AUTO 1QDY by Roger L. Lindeman. 2nd Reading of Ordinance No. 44-87, Rezoning from Rural to 1-2. Approval of Developer's Agreement for Roger's Auto Body; and Adoption of Resolution No. 88-40,Authorizing Summary of Ordinance No. 44-87 and Ordering Publication of Said Summary. Location: East of Highway 169. south of Williams Mini-Storage) K. Resolution No. 88-39 Commending the Eden Prairie High School Girls Gymnastics Team for Winning the Minnesota StatQ,High School"AA"Championship MOTION Harris moved, seconded by Bentley to approve Items A-K on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARING A. A TO Z RENTAL Request for Zoning District Change from Rural to C-Reg-Service on 1.67 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 3.59 acres into one lot and one outlot,for construction of a 15,500 sq. ft. retail facility. Location: Southwest comer of Valley View Road and Plaza Drive. (Ordinance No. 13-88- Rezoning; Resolution No. 88-36-Preliminary Plat) Julie reported that notice of this Public Hearing was sent to owners of eight neighboring properties and published in the March 2, 1988 issue of the Eden Prairie News. The proponent would construct a 15,500 sq.ft. building in three phases. The first phase would be 7.100 sq.ft. The proponent requests a variance to allow outside storage exceeding that permitted by Order, and - a Zero lot line rear yard setback to provide front yard setback and parking in front of the building. Roman Roos, representative for proponent, presented the preliminary plat indicating Phase 1, 11 and Ili. Approval of all phases by the City Council was essential to the primary lender who had requested the City's assurance that the project would continue and Phase it and Ili would be developed. Phase If was described as expansion to take place concurrently with Phase I. Phase ill would be a Eden Prairie City Council Meeting Minutes March 15, 1988 Page 3 small retail strip of 3600 sq.ft. Roos presented the color scheme and indicated signage would consist of 1' high black letters and two series of signage. Enger, Director of Planning, reported that the Planning Commission voted 4-0 at the February 11, 1988 meeting for Council approval of rezoning subject to staff recommendations dated February 22, amended to iroctude that 1) plans for mechanical screening be submitted prior to Council review. 2)variance request be applied for Phase I and Phase 11 regarding outside storage,and 3) Phase IiI would be allowed its own 10% outside storage. Enger continued to report to Council Items A through F of the staff recommendations and the status of each item. There were three categories: 1) items that have been revised and submitted and changed for the Council,2) those items that have been revised but additional work needed to be done on the plans, and 3) those items that have not been changed or submitted. Prior to grading Permit issuance and bWlding permit issuance,proponent shall have submitted a detailed storm water run-off, erosion control and utility plan for review by the City Engineer and Watershed District,and have applied for and received approval of the variance request for outside storage; and concurrent with building construction, a 5-foot concrete sidewalk shall be constructed along the west side of Plaza Drive. Harris inquired what the timing was for Phase 1. Proponent responded construction of Phase 1 would commence immediately upon permit issuance, Phase 11 concurrent with Phase 1, and Phase III having possibly an eighteen month time line. Discussion following on building size and adequate parking spaces in conjunction with the time fine for Phase I and Phase if. Anderson inquired of size of trucks that would be stored and proponent stated they were standard 12 ft. cargo box trucks. Y Bentley inquired to Staff that if there were a PUD Concept in place, would this zoning district change require a PUD district amendment. Enger responded that if the property is in accordance with the PUD Concept and does not require an amendment. The original Menards concept was quite general and this proposal would fit within that context. Bentley inquired about the bricking of the wail on Phase I if Phase II did not proceed. He asked what assurance the City would have that this would be done. Jultie responded that a bonding agreement would be incorporated with the Development Agreement. Peterson asked Enger if the projecx was acceptable with reference to the items riot submitted. After further discussion with proponent,Enger stated that the color of brick has been suggested, the a screening of the lower area of the sight line is in question, and a new sight line will bedrawn. ft had been agreed on the criteria that the outside storage area has to be screened. The City Council accepted the color of brick in question. MOTION 1: Harris moved, seconded by Pidcock to close the public hearing and approve 1 st Reading of Ordinance No. 13-88 for Rezoning. Motion carried unanimously. MOTION 2: Harris moved, seconded by Pidcock to adopt Resolution No. 88-36 approved the Preliminary Plax and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions including a bank letter of credit or similar guarantee for finishing the north side of the building in the event that Phases If and III are not built, and that the issues surrounding the unresolved issues be submitted and resolved before second reading. Motion carried unanimously. B. YEAR XIV COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION (Resolution No. 88-35). , a Jullie reported that notice of the Public Hearing for this item was properly published in the Eden Prairie News. Federal Law requires that a Public Hearing be held on the proposed use of Eden Prairie City Council Meeting Minutes March 15, 1988 Page 4 Community Development Block Grant Funds. Eden Prairie participates in the Urban Hennepin County Program and is eligible to apply for$64,853.00 in CDBG Funds for the Year XIV funding (1988-89). The City's proposal is reviewed by the Hennepin County Board of Commissioners. Regarding the Scattered Site Housing Assistance, Harris inquired if the City recoups money when the property is sold and is interest accrued. Assistant Planner David Undahl responded that the mortgage is a "sleepy second" and there is no interest. The City recoups the investment when the property setts. If there is equity,the percentage the City gives would be what the City gets back when the property was sold. The money collected would then be redirected to the Scattered Site Housing Assistance. Regarding day care assistance,Bentley inquired if there was an awareness in the community of these resources, and if the dollars are being utilized by Eden Prairie residents. Grace Norris, of the Greater Minneapolis Day Care Association, replied that this money can only be used by Eden Prairie residents, but because they have the rig,"to choose their licensed day care center, it could be outside of Eden Prairie. There were no audience comments during the public hearing. MOTION Anderson moved and Pidcock seconded to close the Public Hearing and adopt Resolution No. 88-35 regarding the use of CDBG Funds. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 41007 to 41293 MOTION Pidcock moved, seconded by Harris to approve the Payment of Claims Nos. 41007- 41293. Roil call vote: Anderson, Bentley. Harris Pidcock and Peterson voted "aye." Motion carried unanimously. Vt. ORDINANCES & RESOLUTIONS None VIL PETITIONS, REOUESTS & COMMUNICATIONS None Vlll. REPORTS OF ADVISORY COMMISSIONS Grant Merritt reported on the landfill issue. He stated the lobbying effort to block the bill for waste management changes failed. In the new language being proposed by Senator Merriam,new landfills would not be allowed to be sited. An amendment to the bill, whereby any landfill which had been approved for expansion prior to December 15, 1987 , would not be subject to any zoning power control, was still out of the bill and was not authorized in the Senate hearing before the environmental committee. He reported that this could be sneaked in at any time and they must be very vigilant to stop it. The PCA has issued a new set of solid waste rules which are questionable and that weakens the amendment. Pauly responded that the issue of the contested case hung, he received a letter fort the Attomey General that was written to the PCA that the contested case would be heard and was on track. With regard to the closure question,the PCA had not had a response to date. d IX. APPOINTMENTS l None I Eden Prairie City Council Meeting Minutes March 15, 1988 Page 5 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of Council Members 1. ORIENTATION OF NEW COMMISSION MEMBERS Pidcock stated she was under the impression that a policy had been set for an annual general orientation and a specific commission orientation for new commission members. Peterson believed that before making this a policy. an evaluation should be completed by the participants to hear what they consider to be important use of their time,what the benefickV mowing was,d it was presented in a constructive way and then decide if it should be an annual event. MOTION P'rdcock moved,seconded by Harris that a policy be set for a general orientation annually for new members and an evaluation of the orientation conducted at the time of the orientation, and that there would be a specific orientation for each commission. Motion carried unanimously. AMENDMENT TO MOTION Bentley moved, seconded by Anderson to add to the above motion that previously appointed Commission Members would be invited and encouraged to attend but their attendance would not be mandatory but strongly encouraged. Motion carried unanimously. B. Report of City Manager 1. AWARD UNIFORM CONTRACT a Judie reported that as part of its agreement with IUOE No. 49,the City provides uniforms to Street Maintenance, Park Maintenance and Water Department staff. This benefit has also been extended to several staff members in the City Offices who spend much of their time out-of-doors. Bids were received for a two-year contract,and competitive and favorable bids were submitted. ip MOTION Bentley moved, seconded by Anderson to recommended that a two-year contract for employee uniform rental be awarded to American Unen Supply Company in accordance with submitted bid. Motion carried unanimousy. 2 CITY HALL FINANCING OPTIONS s At its January 13 meeting,Council directed Staff to prepare scenarios on financing a City Hall. A memorandum to this effect has been prepared. MOTION Harris moved, Pidcock seconded,to receive the data and postpone discussion until a future date. Motion carried unanimously. Council thanked Dawson for his very readable and understandable data. 3. 1-494 EIS AGREEMENT Jullie reported on the inter-agency agreement draft that was prepared to conduct an Environmental Impact Statement for-improvements to 1-494 as suggested by the recent multi-agency study on the highway corridor: Under the proposed agreement, the City of Eden Prairie would be responsible for 5% of the study costs to a maximum contribution of$65,000. Should the study begin this year,the City would use money from the General Fund Surplus for invoices received in 1988, and could budget expenses from the General Fund in future years. r Eden Prairie City Council Meeting Minutes March :5, 1988 Page 6 Jullie continued that the draft agreement was presented for Council's information. If Council wishes to participate in this study, staff would participate in negotiations on the agreement and provide timely updates to Council. Bentley stated he continues to oppose the spending of property tax dollars on federal highway projects. If there are federal and state highway then the appropriate bodies should be funding them. Discussion followed as Anderson stated that like Highway 5,this will change the way of doing business. Perhaps something will move along faster. Harris telt a yes vote was in the best interest of the vitality of the City. MOTION Pidcock moved, Peterson seconded that Council accept the concept of the 1-494 management team for an EIS agreement contirgent that the Minnesota Department of T!ansportabon maintain the currency of the EiS. Motion carried 4-1-0. Bentley opposed. 4. SET SPECIAL MEETING FOR HUMAN RIGHTS SERVICES COMMISSION Jullie requested a meeting date for presentation oy the Human Rights Services Commission of the Human Services Model. MOTION Harris moved,seconded by Pidcodc to set Special Council Meeting for joint meeting for Human Rights Services Commission for Human Services Model update on April 5, 1988 at 6:00 PM. Motion carried unanimously. S. SOUTHWEST EDEN PRAIRIE DEVELOPMENT PROCESS !r " G Jullie reported that staff has been reviewing issues and discussing candidate selection for a consultant team that would prepare a development plan for the southwest quadrant of Eden G Prairie. After completing the process, it recommended a team comprised of Don Brauer, Brauer a Group, Inc.,Jim Benshoaf, Benshoof and Associates. Inc., and Steve Pellinen, Hannon Thorp Peilinen and Olson, Inc. z Jullie continued that the basic premise of the proposal is to provide a factual and practical basis for the approval of development plans in the currently undeveloped southwestern area of the City and to render such approvals in the most orderly and efficient manner possible. The consultants have proposed a two-phase study and will cost$50.000 for Phase 1 and an additional$27,000 for Phase iI. He asked Council to direct staff to authorize the team to proceed with to study as outlined in the memo. MOTION 1: Anderson moved,seconded by Bentley to accept the recommendation and that. until the planning study is done, a moratorium be placed on any projects coming through for the southwest area Bentley inquired to Enger if any development proposals for this area have been submitted. Enger replied affirmatively,that a proposal from Tandem Corporation for development of 260 acres will be submitted on March 25th for review by the City. Pauly was unable to reply to an appropriate length of time for a moratorium. He did feed, however, that a land owner should be pohnitted to present his argument as to why a.moratorium would not be in his best interest and prevent him from using his property in any respect. ' Harris felt a case by case review would be a safety valve and the City should not be pushed by developer demands. Eden Prairie City Council Meeting Minutes March 15, 19M Page T MOTION 2: Anderson moved. Bentley seconded to remove the moratorium from the motion and direct staff to work with legal counsel and commence with a reasonable approach and terminology for such moratorium that could be considered and adopted at the next council meeting. Motion carried unanimously. & NSP CLOSED EXECUTIVE SESSION T. BOARD OF APPEALS Jullie recapped staffs error at the appointment meeting and the transposing of totals. He apologized for error and the embarrassment that occurred. Pauly had advised Jullie that Mr. Freemeyer was the appointee and not Mr.Anderson. At this point, Judie stated, an option would be to increase the membership of the Board of Appeals giving the Council the opportunity to make additional appointments. Anderson felt that due to the amount of absenteeism in the past year, more members would be an asset to the Board. MOTION Anderson moved,seconded by Pidcock that Council approve first reading of the Ordinances No. 1 a-88 be accepted increasing the Board of Appeals to nine membnrs. Motion carried unanimously. Peterson asked staff to communicate with liaison people and evaluate the possibility of enlarging the other Boards and Commissions to increase citizen participation. Bentley added that the Council should also be evaluated in the same manner. By consensus, the Council asked for evaluation. C. Report of City Attorney a i None f D. Report of Director of Planning None E. Report of Director of Community Services 1. PHASE 2 REPAIRS TO COMMUNITY CENTER Lambert reported that Phase I repairs to the Community Center was ring completion, and it would be advantageous to being Phase II repairs during the warm-weather construction season. It is estimated the Phase II wi8 take nearly nine months to complete,at a cost of $480,000. He stated that recommended funding for this project would be to use cash park fees that would be reimbursed to a limited extent from the litigation settlement. MOTION r Bentley moved, seconded by Anderson to authorize the preparation of plans and specifications and advertisement for bids for the 2nd phase of repairs to the Community Center. Motion carried unanimously. Eden Prairie City Council Meeting Minutes March 15, 1988 Page 8 2 STARING LAKE PARK IMPROVEMENTS Lambert reported the use of Staring Lake Park has increased and spoke of several changes that would enhance the use of the park and protection of the resource. The Eden Prairie Lioness Club voted to donate$15,000 toward an amphitheater project and proposed to reimburse the City over three to five years for this expense. The$95.000 estimated cost to complete the project could be funded by cash park fees. MOTION: Anderson moved, seconded by Bentley to approve the proposed improvements to Staring Lake Park. Motion carried unanimously. Bentley thanked the Eden Prairie Lionesss Club for its generous contribution. Pidcock inquired to Lambert if anything had been done about the snowmobiles on Staring Lake.' Due to lack of time for discusslori. this topic would be placed on a future agenda. a OPERATING POLICIES FOR RILEY LAKE PARK Lambert reported on the DNR ruling that the City cannot lawfully limit the number of boats launched at Riley Lake Park. The Parks, Recreation&Natural Resources Commission,with the concurrence of the President of the Riley Lake Homeowners Association, has recommended that the Council pass an Ordinance which would elimirtate the use of alcohol in ROW Lake Park and the ability to moor or beach boats on park land. Lambert presented the following recommendations: 1) authorize extending "no parking" signs along County Road 1, Riley Lake Road and Crestwood Terrace, up to one mile from the access;and 2) not aWwing any vehicles pulling boat traders to park in the overflow parking area. Lambert felt that the two changes would discourage launching too many more boats than the number permitted in the past; however, if the access continued to allow well over a safe - number of boats.staff would recommend adopting a park rule that would not allow boats to moor on park land. This could be controlled throe the expansion of the swimming area along park property and extending a rope and buoy system the entire length of the park property to discourage much of the type of use that exists at the park to date. MOTION 1: Anderson moved, seconded by Bentley to direct Staff to draft an Ordinance for Councirs consideration at its April 5, 1988 meeting. Motion carried unanimously. Discussion by Council followed with the alternatives of management policy with the City of Chanhassen regarding parking, alcohol. hours for boating, skiing, etc., and the hiring of qualified people to enforce the parking rules. Lambert felt discussion with other bodies would take six months and that the present situation needed direction and signs now. MOTION 2: Pidcock moved,seconded by Bentley to direct staff to work with legal counsel to work out a solution for safety concerns, extend parking along the lake, and hire park attendants on the bases of their ability to properly manage an unruly situation. Lambert stated he would return to Council with a report regarding costs for attendants. C Eden Prairie City Council Meeting Minutes March 15, 1988 Page 9 4. NAME CHANGE FOR COMMUNITY SERVICE DEPARTMENT Lambert reported the responsibilities of the Community Services Department have become more focused over the past several yeas. The name"Community Services'carved marry confusing connotations, and it was appropriate to retitle the department to correspond with its functions. The Parks, Recreation&Natural Resources Commission reviewed this issue and unanimously recommended that the City Courttc d consider renaming the Community Services Department to the"Department of Parks, Recreation&Natural Resources." MOTION: Pidcock moved. seconded by Anderson to change the Community Services Department name to the Department of Parks,Recreation& Natural Resources. Motion carried unanimously. & ELIGIBILITY FEES FOR SOFTBALL r Lambert reported that last year at public meetings,r+esklerits were complaining that many of the softball players were not Eden Prairie residents. At present Eden Prairie has no way of enforcing the rule; however neighboring ctiocnnumuties have spot checkers for ineligible k players. At present over 40 teams cannot play due to lack of space. The staff a recommending a$100 deposit be made and if no ineligible players are found, the money would be returned at the end of the season. The interest earned on the Amy will pay for someone to spot chedc on the field the eligbility of the players. If someone is found. the team forfeits the$100 and the remaining games. � Harris inquired as to the eligibility requirements. Lambert replied they must work or hive in Eden Prairie to be eligible. MOTION Anderson moved ,seconded by Peterson to direct Parks.Recreation&Natural Resources to institute an aligibilityy deposit fee for softball teams. Motion carried 3-0-2.Harris,and Pidcrock abstaining. F. Report of Director of Public Works None G. Report of Finance Director None Xi. NEW BUSINESS None XII. Adjournment MOTION Bentley moved, seconded by Pidcocc to adjourn at 11:45 PM . Motion carried unanimously.