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City Council - 05/15/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, MAY 15. 1990 8:00 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural ;Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All members present COMMENDATIONS FOR EARTH WEEK PARTICIPANTS Mayor Peterson along with Councilmember Anderson presented commendations from the City Council to those persons and groups who had made special { contributions to the success of Earth Week. Staff members Stewart Fox and Craig Dawson were also given special awards for their efforts on behalf of Earth Week. S RECEIVE GOVERNOR'S SAFETY AWARD FOR OUTSTANDING ACHIEVEMENT FOR THE CITY OF EDEN PRAIRIE Peterson acknowledged receipt of a letter from the Governor announcing that Eden Prairie had been awarded the 1989 Governor's Outstanding Achievement Award in Occupational Safety for its continuing improvement in reducing the number of "lost time" hours for City employees due to injuries. PRESENTATION OF COMMENDATIONS TO LARRY HOTCHKISS AND BR 10E PREECE FOR THEIR ASSISTANCE DURING AN EMERGENCY Peterson presented a Departmental Commendation from the City of Eden Prairie Police Department to Larry Hotchkiss and J. Bruce Preece who, disregarding the obvious danger of a wrecked plane being near the fuel pit, assisted in removing two of the three passengers from the wreckage of a plane which crashed at Flying Cloud Airport on April 16, 1990. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added to the Consent Calendar Item III.P, Resolution No. 90-145, ? Authorizing Temporary Transfer from the Trunk Utility Operating Fund; and moved Item X.G.1. Report of the Director of Public Works, to the Consent Calendar as Item Q. Pidcock added Item X.A.1. regarding the 4' Approved City Council Minutes 2 May 15, 1990 planting of trees along major City streets. Tenpas added Item XI. A. regarding the status of expenses on landfill litigation; and XI.B. regarding video of site of proposed medical waste facility. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. City Council Meeting held Tuesday. August 1. 1989 Harris moved, seconded by Pidcock, to approve minutes of August 1, 1989. Approved 5-0. B. City Council Meeting held Tuesday. May 1. 1990 Harris moved, seconded by Tenpas, to approve the minutes of May 1, 1990. Peterson requested that on Page 9 of the minutes, Item No. 10, the last sentence read "Peterson said he would not support putting information in the utility bills." Minutes approved as amended 5-0. III. CONSENT CALENDAR A. Clerk's License List B. Resolution No 90-134 Recognizing Dennis Doyle as Recipient of "Small Business Person of the Year" award from the Eden Prairie Chamber of Commerce C. Amendment for Services from Decision Resources. Ltd. for Community Survey D. Approve Final Plat of Round Lake View. Located at the Northwest Quadrant of Duck Lake Road and Valley View_gad (Resolution No. 90- 135) E. Approve Final Plat of Phillips 66 1st Addition. Located at thg Northeast East Corner of T.H. 169 and West 78th Street (Resolution No. 90-136) F. Ayprove Request by G.E. Capital for a Land Alteration Permit to Construct a Walking Trail Within its Facility Located South of West 78th Street and West of County Road 18 G. Approve Request by ]Roger VanTassel, 12255 Oxbow Drive, fora Land Alteration Permit to Construct a Wildlife Pond H. Authorize Director of Public Works to Acciuire Outlot B. Red Rock Shores through use of night-of-Way Acquisition Loan Fund Administered by Metropolitan Council. for Protection of T.H. 212 Corridor (Resolution No. 90-139) Approved City Council Minutes 3 May 15, 1990 I. Receive Bids for Summit. Meadowvaie, and Red Oak Drive Street and UtiIit.v Improvement, I.C. 52-166 (Resolution 90-126) J. Round Lake View by Zachman Development Corporation. 2nd Reading of Ordinance No. 16-90, Rezoning from Rural to R1-9.5; Approval of Developer's Agreement for Round Lake View; and Adoption of Resolution No. 90-140, Authorizing Summary of Ordinance No 16-90 and Ordering Publication of Said Summary. Location: Northwest quadrant of Duck Lake Road and Valley View Road. (Ordinance No. 16-90, Rezoning; Resolution No. 90-140, Authorizing Summary and Publication) K. Edenvale Crossings by Mitchell/5, Inc. 2nd Reading of Ordinance No. 23-89-PUD-6-89, Zoning District Amendment within the Community Commercial District and PUD; Approval of Developer's Agreement for Edenvale Crossings; Adoption of Resolution No. 90-143, Authorizing Summary of Ordinance No. 23-89-PUD-6-89 and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-144, Site Plan Review. Location: East of Mitchell Road, southeast of Martin Drive/Mitchell Road intersection. (Ordinance No. 23-89-PUD-6-89, Amendment within Community Commercial District and PUD; Resolution No. 90-143, Authorizing Summary and Resolution; No. 90-144, Site Plan Review) L. Request from Podawiltz Development re: Sterling Pond Trail M. Request from Michael Skarp to add 11 a.m. to 1 p.m. Lap Swim on Sunday N. Policy on Private Use of Public Recreation Facilities O. Approval of Insurance for June 1. 1990 - June 1. 1991 P. Approval of Resolution No. 90-145, A Resolution Relating' to Transfer of Funds Q. Approve Plans for Mitchell Road Street and Utility ImprovementsI.C. 52-_156 (Resolution No. 90- 42 (Moved from Item X.G.1). MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar. Pauly discussed Item 0 on the Consent calendar regarding Liability. Property and Workman's Compensation Insurance pointing out the 5% reduction in premium this year. Pauly pointed out that up to 15 or 20 years ago cities were not liable for torts. At that time the Legislature authorized that persons injured because of negligence on the part of governmental agencies and municipalities could sue and recover damages. The cap on this kind of law suit was now $600,000. There were other categories of actions that did not have that cap, Approved City Council Minutes 4 May 15, 1990 r such as civil rights violations and environmental harm. What was being done by this recommendation was that with respect to those actions covered by the Minnesota Tort Claims Act, the City would not waive the cap on liability. Tenpas asked if $1.6 million was enough. Pauly said this was a judgment call and there have been instances of recoveries more than that amount. Jullie said that there was a time when the City had up to $5 million, but the cost became too high. It had been cut back several times to the present E1 million which is fairly standard for other cities of this size. Tenpas asked if the Council could find out what other communities are doing. Jullie said Corporate Risk Management firm was doing a survey on this subject. Consent Calendar approved as amended 5-0. IV. PUBLIC HEARINGS A. ISSUANCE OF $2,�740,000.00 IN REFUNDING BONDS FOR EDEN JNN ESTMENTS PARTNERSHIP (Continued from May 1, 1990) Peterson said that Ecen Investments has withdrawn its application. MOTION Pidcock moved, seconded by Harris, to close this public hearing and acknowledge withdrawal of the request. Motion approved 5-0. B. EDEN PRAIRIE FORD. Request for Zoning District Change from Rural to C-Reg-Ser and Site Plan Review on 8.2 acres, with variance for outdoor storage to be reviewed by Board of Appeals, and Preliminary Plat of 24.6 acres into four (4) lots for construction of an automobile dealership. Location: North of Plaza Drive, west of Crown Auto. (Ordinance No. 20-90, Rezoning; Resolution No. 90-141, Preliminary Plat) Jullie announced that this public hearing had been properly published and notified. David Shea, architect for the proponent, Eden Prairie Ford, presented the plans for the building and the surrounding area. Enger reported on the meetings of the Planning Commission of April 9 and May 14, 1990. The Commission discussed land use and how this proposal would work with the City Code. This type of car dealership required outside display and storage of automobiles. Enger had a number of pictures of other dealerships for comparisons and passed them around for Council viewing. The Code did not permit outside display of anything in excess of 10 percent of the floor area of the building no matter what type of business it was. Other outside displays such as Frank's Nursery, were enclosed in the building with. no roof. Menards was given a a. -ice for outside storage of Approved City Council Minutes 5 May 15, 1990 material on condition the outside storage be screened from all adjacent land uses and public roads. The quandary with auto dealerships was that the industry standard for years was to display a significant number of cars as a way of advertising. Now there was a trend away from the impulse buying and more toward a trend of clustering dealerships. The question the Planning Commission dealt with was whether or not there was an inherent philosophical difference between the Code about displays of material and how auto dealerships can be expected to operate. In the future, would the dealership continue to screen the cars or would the management attempt to call more and more attention to the cars. The Planning Commission wanted to have a statement from the people who would become the operators of this dealership that they were in agreement with City Code and intended to abide by it; if so a screened auto lot would be acceptable. The operators had not given that kind of statement to the Planning Commission. Another issue was the level of lighting of the parking lot area. Auto dealerships traditionally light their parking lots at a level higher than other retail establishments. The Planning Commission decided that an auto dealership should be treated the same as other retail establishments in Eden Prairie such as the Lunds Center or { Northwest Racquet and Swim Club. The Planning Commission made a recommendation that the average foot-candle level on the property should not exceed 3-1/2 foot-candles. The proponents indicated to the Planning Commission that they would like to do additional studies on the Lunds parking lot, for example, to determine exactly what that level of lighting was. The proponents have agreed to adhere to the Planning Commission recommendation. There was also discussion about the building itself and it was the opinion of the Planning Commission that the building should be very handsome, state-of-the-art, and a good example of something new in auto dealerships. The Planning Commission received a rendering of the building but not examples of exterior materials and colors. The site plan had been altered significantly from the original site plan and a significant amount of open space had been incorporated. The idea was that there would be a highlighted area to call attention to the building and, once on the site, the automobiles would be very visible. The Planning Commission recommended approval of a request which would require approval by the Board of Appeals and Adjustments to obtain its approval on a variance request to allow outside display and storage in excess of that allowed by Code. The proposal stated that the request was mitigated by screening of all the outside storage. The Planning Commission recommended approval subject to the recommendations of the staff report of May 11. Enger said that under Item 3, "prior to building permit issuance the proponents shall submit samples of exterior building materials for x 6 Approved City Council Minutes 6 May 15, 1.990 t review," normally that was done prior to the meeting of the Planning Commission and quite often prior to City Council review. Enger suggested that the Council review exterior material before final approval. Anderson commented that there were no plans or details as to what was going to happen to the wetlands and no plans for drainage of the floodplain area. Shea replied that there were plans for drainage as part of the package submitted to the Planning Commission. There would be less than one acre of fill in the wetland area. Don Brauer representing Denwal Ford said the encroachment proposed did not encroach on the designated wetland of the DNR, so no DNR permit was required. The Corps of Engineers permit would be issued on the basis of one acre or less of their defined wetlands. These were two different issues. Almost all of it was within the pond area that was excavated for the Menards site. The City and the Watershed District had asked for a more detailed study of the drainage and storage of runoff water, which was in process. ,Anderson asked who owned this area now,. Brauer replied that there were five pieces, some owned by Denwal Ford, some by Mr. Walter Carpenter. Brauer said that what the proponent was required to provide was a study of the runoff. There was a dike that may have to be modified. Also upstream was a larger functioning ponding area that the City had acquired. The purpose of the detailed study was to accommodate the engineering aspects of runoff. Pidcock asked if loudspeakers were part of the plan. Joe Doty, representing the owner, spoke to this issue. He said the only system that would be used would be for phone calls, not for advertisement. Shea said that it would not have to be a large system because the outside lot was not vast and would be more of an intercom for those inside the building or close to it. Pidcock said she was concerned about how the dealership would impact the neighborhood with the general noise that would be created. Doty said it was the proponents intention to comply with any and all laws and codes. The intent was to be a good neighbor. Peterson asked Enger to characterize the Planning Commission's meeting the previous night in terms of issues not quite resolved and any particular reservations that any of the members expressed. Enger said the Commission was particularly concerned about getting a letter of commitment from the owner/operator, who it had not talked with. Peterson expressed disappointment that the owner/operator had not been present either at the Planning Commission or at the Council meetings. Enger said the Planning Commission had a similar ( concern. Enger said a lot of the discussion revolved around the level M1 Approved City Council Minutes 7 May 15, 1990 of lighting and reluctance on the part of the owner to reduce the foot-candle level. Even after continuing from the April 9 meeting the Planning Commission wanted to have the lighting issue resolved, and was asked to look at comparative situations such as Northwest Racquet and Swim Club and Lunds. Northwest Racquet and Swim was selected because there was a lighting diagram that showed the foot- candle level every 30 feet on a grid. That was finally where the average 3-1/2 foot-candle level, with one foot-candle at the edge and no foot-candles off the property, came from. The Denwal Ford Plan was still higher than that standard, although the proponent agreed to the recommendations of the. Planning Commission. The Planning Commission was concerned that it had not seen the lighting plan as to placement of lights and level of lights that would reflect the Planning Commission's recommendation on the average 3-1/2 foot-candle level. It was also concerned that it had not seen the exterior materials because so much emphasis had been put on highlighting the building. The Planning Commission was concerned that even if there were a site plan which adequately screened the parking area, would a worse problem be created by making the cars less visible. If the industry needed to operate with more visibility, would there be more need for whirling devices, search lights, etc., none of which were allowed by City Code, but all of which were difficult to enforce if done on a short-term basis . Harris asked for clarification on the letter that the Planning 'l. Commission wanted. Enger replied that it wanted a letter from the owner/operator indicating agreement to operate without such devices. The Planning Commission believed that these devices were a thing of the past and that the owner/operator would give assurance that they would not be used. Anderson asked why the Council was looking at the plan now when there were so many loose ends. Enger replied that at the April 9 meeting the Planning Commission this was discussed for two hours and the issues were identified very clearly with the proponent. It was believed that information would be available for the Planning Commission meeting May 14. There had been some revision in the plans but these other issues were not resolved. It was a case where the Planning Commission did not want to delay the proponent as it believed the issues could be resolved. Anderson asked if there had been any undue pressure on the Planning Commission and staff to accelerate the process. Enger said no undue pressure was put on the staff. The Planning Commission made the decision to direct the staff to publish a notice of hearing for the City Council meeting and it made this decision with all the information it had on May 14. Lambert added that the Parks, Recreation and Natural Resources Commission recommended unanimously to approve this plan at its May 7 meeting. f Approved City Council Minutes 8 May 15, 1990 T a; 3t:1d She urould abstain From the vote because of a busine-peg relationship with the principals. He said he questioned how practical it was to ask a proponent for a letter of agreement to abide with the law and to operate without whirling devices, searchlights, those kinds of things. If this was done for one developer, it should be done for everybody. Peterson, said he was not the intending to ask for a letter saying the proponent would not break the law. As this was the first car dealership that had come this far, it was his opinion that it would not be inappropriate to have an interested owner assure the City Council that the new marketing does not require the old- fashioned approaches to selling cars. Frank's Nursery was asked this same kind of thing. Enger said that there was a stipulation in the development agreement for Frank's that was approved by the Council, which listed the enforcement procedures by which the City would operate in the event Frank's didn't operate in a clean and workmanlike manner. The reason was that Frank's Nursery was asking for something above what the City Code allowed, and the mitigation was these assurances and plans. Anderson Garden and Target also went through a similar procedure. Enger said he believed this was consistent with the way the Council has performed in the past. Pidcock thanked Tenpas for bringing is relationship with the proponents to the forefront as she was questioning his participation at the Planning Commission after reading the minutes of its May 14 meeting. Tenpas stated that for the record he was employed by a company that was partially owned by the people that owned this dealership, but the companies were not related. He had no financial gain if this proposal was or was not approved. Brauer talked about lighting on one project he was working on where the city involved was requiring 10 foot-candles of lighting in the parking lot for safety reasons. He believed that soon Eden Prairie would be getting such requests. Ten foot-candles was not sufficient in parking ramps downtown. Shea believed there had been good resolution of the issue of foot-candle levels with the Planning Commission. Shea said he also believed there had been approval of the materials such as bricks and glass that would be used, even though actual samples were not submitted to the Planning Commission. He requested that the minor issues be brought up with the staff for resolution. Anderson said that in reading the Planning Commission minutes he noted that Ms. Dodge was not happy with the plan and that it should come back to the Planning Commission. Commissioner Ruebling also said that he was not happy with it. They voted to recommend approval it but they were uncomfortable with it. They were concerned about the factors being discussed now. Anderson said he would not vote for approval at this time. Approved City Council Minutes 9 May 15, 1990 Peterson asked Enger about the concept of clustering of automobile dealers, and was there adjacent land that could be considered for a second or third automobile dealership. Enger replied that there were probably other dealerships that could be located in the immediate area. His remark was to show the contrast between the old ways of doing business where auto dealerships would not be near each other to avoid the competition. Harris said she believed there was a long way to go on this project, even though agreement was closer than months ago. She said she thought the loose ends could be accommodated on the second reading. However, with indications of Tenpas abstaining and Anderson voting no, she believed this item should be continued. MOTION Harris moved, seconded by Pidcock, that this item be continued to the next meeting of the Council In the meantime Harris urged that the remaining issues be addressed. Peterson said he would like to have one of the proponents convey to the owner/operator that the Council would appreciate some verbal expression of the new form of marketing. Anderson said he was concerned about the floodplain area, the materials that come off cars and parking lets, and how the drainage problems were going to be addressed. Motion to continue to the next meeting of the Council on June 5 approved 4-0-1, (Tenpas abstaining.) V. PAYMENT OF CLAMS MOTION Harris moved the payment of claims, seconded by Pidcock. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". Motion for payment of claims approved 5-0. VI. ORDINANCES AND RE50LUTIQNS VIL PETITIONS, REQUESTS & COMMUNICATIONS VIIL REPORTS OF ADVISORY COMMISSIONS Approved City Council Minutes 10 May 15, 1990 IX. APPOINTMENTS A. Appointment of Seven Members to the T.I.F. Advisory Committee Harris, Pidcock and Anderson said they had one app<intment each to present plus one or two others to suggest for at-large members of this committee. Harris appointed Karen Joyer; Pidcock .appointed Bette Anderson; Tenpas appointed Bill Naegele; Anderson appointed Ed Schuck; Peterson appointed George Bentley. MOTION Pidcock moved that these persons be approved for nomination t.o the T.I.F. Advisory Committee. Harris seconded. Motion approved 5-7. Harris suggested Laurie Pennebaker for an at-large member. Pidcock suggested Nancy Jorgensen-Fletcher and Ruth Hustad. Vote was taken by ballot. Dawson announced Ms. Pennebaker and Ms. Fletcher were voted to serve as at-large members of the T.I.F. Advisory Committee. Jullie said a letter would go out this week suggesting a meeting within two weeks. Jullie said that he thought they would have about three meetings. Pidcock said the Council would like to see a copy of the charge to be sent to the Committee. MOTION Pidcock moved, seconded by Harris, that these two persons join the previously-appointed persons on the T.I.F. Advisory Committee. Motion approved 5-0. X. REPORTS OF OFFICERS. BOARDS do COMMISSIONS A. Reports of Council Members 1. Planting of Trees Pidcock discussed planting of trees along the main streets in Eden Prairie. She said she would like to see trees along every street as done in Chanhassen. Peterson said that perhaps the Council should study and revise its policy in a work session. Peterson asked Dietz if he could provide a memo to the Council on this subject, expressing implications of what some policy .changes might be. Dietz said that the policy really depends on how close one desired tr have Ctrees to the street and have them survive the salt in the winter. Approved City Council Minutes 11 May 15, 1990 B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Parks Recreation and Natural Resources 1. Riverview Spring Lambert went over the plans for Riverview Spring, making it a historic site while discouraging the use of the water for drinking purposes as mandated by the State. Peterson recommended that the City do the minimum amount of work necessary this year and let the Parks, Recreation and Natural Resources Commission and the Historical and Cultural Commission put this on their future agendas for consideration for the next calendar year. Lambert said the work could be done any time in the future. Anderson said he was happy with the plan as it would preserve some of the beauty of the area. Lambert said this plan would cost about $1500 without any signage. Tenpas said he would recommend doing this for this amount of money. Andersen said he was also in favor and letting the Historical and Cultural Commission come up with ideas for the signage. MOTION Anderson moved that staff recommendation be approved. Tenpas seconded. Motion approved 4-1 with Peterson voting Nay. F. Report of Finance Director G. Report of ]Director of Public Works 1. Graffiti Bridge Alternatives Dietz referred to the new memorandum from the Historical and Cultural Commission dated May 9 and another copy of his memo of March 30. Since the last time this item was discussed, Tote's, Inc. had formed a new management team and had backed away from any financial support. The Historical and Cultural Commission had developed a new proposal which would take the top off the bridge and move the abutments out to accommodate the roadway. Dietz's observation was that this idea would still be fairly expensive. In addition Hennepin County would be owning ( that right-of-way and the County had gone on record as saying Approved City Council Minutes 12 May 15, 1990 it did not want anything remaining of the bridge in the right-of- way. The Historical and Cultural Commission argued that light- rail transit was so far in the future that spending $90-100,000 would be justified to save that bridge or parts of it, and the cost could be amortized over a period of time. However, when the County came into ownership, it would not negotiate leaving the bridge there. Dietz's recommendation was that if the desire was to have a graffiti facility, incorporating that into a retaining wall on the north side.of the roadway would be t,h-+ ►+ant. Alternative. Harris said that if anything were done at all, this recommendation would be the most feasible. She questioned whether the graffiti wall would ever be used after the new road is constructed. Tom Robertson, 6963 Woodland Drive, spoke. His company owned property on the east side of the bridge and on the north side of Valley View Road to the west of the bridge. He said that although he had some sentimental feelings about the bridge, his opinion was that once the real graffiti bridge was gone, it could not be replaced. As it was, the bridge posed some public safety hazards, and to try to duplicate the bridge would not be a good use of City funds. He also pointed out that it would not be fair to potential residents of tAhe adjacent property to have paint spraying going on in their back yards. John Hensrud, Chair of the heritage Preservation Committee and a member of the Historical and Cultural Commission spoke. He recommended against creating a new graffiti bridge. He pointed out that the bridge itself was not historical. What was significant was what was painted on the bridge. He said the best recommendation his Committee could make would be to save the south abutment. Tenpas suggested doing a video tape of people putting paint on the bridge, and having a permanent display at City Hall as a remembrance. Peterson and Anderson agreed that the bridge should be removed. MQTION3 Pidcock moved, seconded by Harris, that Graffiti Bridge be removed. Motion approved 5-0. 1 Approved City Council Minutes 13 May 15, 1990 XI. NEW BUSINESS A. Status of Litigation Expenses Tenpas requested an update of expenditures year-to-date on the landfill. He questioned the item of Linda Lehman and encouraged staff to get information from her as to whether her fees would continue at that level or if she was nearly finished. Peterson said that because she works at the discretion of the City's attorneys, perhaps they could provide some projection for the remainder of the year. B. Video of Site of Medical Waste Incincerator Tenpas said he had driven past the BFI site where medical wastes are being disposed. He had asked staff to take a video of this site so that Council could see it. Peterson said that a public meeting is in the process on this subject. XII. ADJOURNMENT LOTION Anderson motioned to adjourn at 10:20 p.m. Seconded by Pidcock. Motion approved 5-0. 1 9 fi t 1