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City Council - 06/19/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESnAv lt_INF 14 laon 7. 3n p m r7TY wat i rnimrli ru,%mgg:-- 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris , Patricia Pidcock, and Douglas Tenpas. 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 Parks, Recreation and Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Rebecca Brazys. PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Peterson and Councilman Pidcock were absent. 1 . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Harris moved, Tenpas seconded to approve the agenda as published. AMENDMENTS Jullie stated due to the absence of two Council members, the Council could not take action on the public hearing items under Section IV of the agenda. He recommended these items be continued to the next regular meeting. Staff had called and advised the proponents and as many property owners as possible. Tenpas requested that Item X-A.3 be added relating to rescheduling the first meeting in July. 3 Motion to approve the agenda as amended carried unanimously. 1 II . MINUTES A. City Council Meeting held Tuesday. June 5, 1990 MOTION• t Harris moved, Tenpas seconded to approve the minutes of the City Council Meeting held Tuesday, June 5, 1990 as amended. Motion carried unanimously. AMENDMENTS F Page 9, change the second sentance of the second paragraph of the second motion to read: He would like the developer' s agreement to include that at a future date the developer will participate with the City and the Watershed District for some kind of development of that area, and that there will be an irrigation system in all the berms. CITY COUNCIL MEETING -2- JUNE 19, 1990 III . CONSENT CALENDAR A. Clerk ' s License List B. Final Plat Approval of Bentec Addition ( located at the northwest corner of Yorkshire Lane and Pioneer Trail ) Resolution No. 90-160 C. Approve TH 212 EIS Supplemental Agreement No. 3 (Resolution No. 90-169) D. Approve Plans and Specifications for Utility and Street Improvements in Bluffs East 7th Addition, IC 52-197 (Resolution No. 90-163) E. Approve Plans and Specifications for Community Center Trunk Water-main Improvements, IC 52-188 (Resolution No. 90-164) F. Resolution Clarifying Which Persons are Entitled to Workers Compensation and Rescinding Resolution No. 89-60 (Resolution No. 90-168) G. Approval of Personnel Policy (Resolution No. 90-170) i Jullie explained the copy of the new Personnel Policy received by the Council reflected the changes as underlined. Under Section 10.3, the bottom line was underlined, but was actually a part of the current policy that was inadvertently omitted from the new publication. Sections 10.5 and 10.6 related to disciplinary and dismissal procedures. He explained staff thought it would be more appropriate to not lock into any particular procedure, thus allowing for a case by case determination of appropriate actions, particularly in the case of a dismissal . Tenpas referred to Section 10.7 and asked if an exit review would be conducted and if Jullie would be consulted prior to dismissal . Jullie responded there would be a hearing process, an exit review, and the only time he would not be involved was if a temporary employee were dismissed. MOTION• i Harris moved, Tenpas seconded to approve Items A through G on the Consent Calendar. Motion carried unanimously. CITY COUNCIL MEETING -3- JUNE 19, 1990 IV. PUBLIC HEARINGS A. HOLTZE EXECUTIVE RESIDENCE by Holtze Brothers Development Company. Request for Planned Unit Development District Review with waivers on 5.6 acres, Zoning District Change from Office and C-Reg to C-Reg-Ser on 5.6 acres, Site Plan Review on 5.6 acres, and construction of a 220-unit hotel development. Location: Southwest corner of Valley View Road and Office Ridge Circle. (Ordinance No. 23-90-PUD-10-90 - PUD District and Rezoning; Resolution No. 90-165 - Preliminary Plat) . MOTION: Harris moved, Tenpas seconded to continue the public hearing for Holtze Executive Residence to the July '10 meeting. Motion carried unanimously. B. VILLAGE KNOLLS by Argus Development. Request for Planned Unit Development Concept Review on 42.7 acres , Planned Unit Development District Review with waivers on 8.7 acres, Zoning District Amendment within the R1 -13.5 District on 8.7 acres. Preliminary Plat of 42.7 acres into 23 single-family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. (Resolution No. 90-166 - PUD Concept; Ordinance No. 21-90-PUD-9-90 - PUD District and Rezoning; Resolution No. 90-167 - Preliminary Plat) . MOTION: Harris moved, Tenpas seconded to continue the public hearing for Village Knolls to the July 10 meeting. Motion carried unanimously. C. BENTEC by Bentec Engineering Corporation. Request for Zoning istrict Amendment and Site Plan Review within the Office Zoning District on 1 .85 acres with variances to be reviewed by the Board of Appeals for construction of a 1900 square-foot addition to the Bentec Engineering building. Location: 13050 Pioneer Trail (Ordinance No. 24-90 - Zoning District Amendment) . MOTION: Harris moved, Tenpas seconded to continue the public hearing for Bentec to the July 10 meeting. Motion carried unanimously . i 1 i CITY COUNCIL MEETING -4- JUNE 19, 1990 V. PAYMFNT nr Ct Ai WZ MOTION: Tenpas moved, Harris seconded to approve the payment of claims. Motion carried on a unanimous roll call vote. VII . PETITIONS, REQUESTS AND COMMUNICATIONS A. Petition from Eden Prairie Citizens Affected by Western, North Lake Riley, Residential Segment for TH 212 and request for Council to review the need for better• communication of City matters. Jullie stated a petition with 62 signatures was received requesting a public hearing for the purpose of the Council reconsidering its prior determination of its preference for the North Lake Riley alignment for Hwy. 212. The petition also requested the Council "review the need for better communication of City matters with the citizens of Eden Prairie" . With respect to the first item, Jullie explained that MnDOT officials had agreed to study the property owners ' questions by holding another public informational meeting with the residents involved to receive input, review that input and hold another meeting to address those concerns. MnDOT' s proposal may allay the residents ' concerns as to what impact the proposed alignment would have on their properties. Jullie believed it would be inappropriate and premature at this point for the Council to consider reversing its prior approval of the preferred North Lake Riley alignment as all the planning work done in the southwest corridor had been predicated on this proposed alignment. All the City' s efforts since 1986 had been to promote the earliest possible construction of TH212 on this preferred alignment. If the Council reversed its decision, Jullie was concerned that this may jeopardize MnDOT' s present commitment to program funds for this project in 1993. Jullie also stated many homeowners made property purchase decisions based upon the City' s preferred North Lake Riley alignment. He added the staff had not seen any evidence of adverse environmental impact that could not be mitigated. He pointed out that the preferred alignment information had been on file with the City since 1984. With respect to the second item of the petition, Jullie responded both the Eden Prairie News and the Eden Prairie Sailor regularly reported the City Council actions. Also, anyone could request to be placed on the mailing list to receive copies of the minutes. Harris asked where the TH 212 project was in the lengthy planning process . Jullie responded this project was in the Draft EIS comment period. CITY COUNCIL MINUTES -5- JUNE 19, 1990 r i Tenpas asked if there had been any land acquisition for right- of-way. Dietz responded 3 parcels in the Wallace and School Road neighborhood had been purchased; one home was purchased under hardship provisions and the other 2 were vacant parcels purchased to prevent development. Harris asked who was the actual purchaser of those parcels. Dietz explained the City of Eden Prairie received a loan from the Metropolitan Council and when the right-of-way was sold to MnDOT, the City would then reimburse the Metropolitan Council . Harris asked which agency was the final authority in this matter. Dietz responded the Comn.issioner of Transportation would make the final alignment decision based on the Environme,lta1 Impact Statement. Tenpas stated he would like time to review the alternatives as he was not on the Council when this matter was originally considered. He agreed that the residents should have an opportunity to meet with MnDOT with Council members also present. Harris agreed and added the main issue was that the residents be able to participate in a forum at which their comments would have the most impact. Anderson commented that he would prefer not to take any action when only three of the five Council members were present. Tenpas stated in view of the communication concerns expressed by the petitioners , it was time for the Council to again consider cablecasting its meetings. MOTION: Tenpas moved, Harris seconded that MnDOT hold a neighborhood meeting to include Council members and staff. Motion carried unanimcusly. The Council recommended that the petitioners present hold their comments until the neighborhood meeting, unless they had specific questions. After some discussion, and in view of the number of petitioners present, Council agreed to hear comments from a spokesperson for the petitioners. Sharon Hasslen, 15794 Village Woods Drive, representing the petitioners, stated the petitioners would appreciate a forum where they could address the current status of the neighborhood, the wildlife, and Central Middle School , and how they would be affected by the proposed TH 212 alignment. Tom Meyer, 8579 Hiawatha Avenue, one of the petitioners, questioned the CounciIIs reluctance to hold an open discussion at that time. t CITY COUNCIL MINUTES -6- JUNE 19, 1990 Tenpas responded that if the Council opened the forum, the discussion would have to be repeated when all Council members were present. He believed everyone would be best served if the comments were made at a meeting dedicated to this specific topic. Anderson did not believe it would be fair for three Council members to pass judgment or make decisions on such an important subject. He also stated he needed the technical information on this issue that MnDOT would provide. John Carroll , 7950 Eden Court, stated this project had been impacting his neighborhood for twelve years. He was concerned that the petitioners' efforts would cause delays for the TH 212 project and prolong the "stigma" that the TH 212 proposal had brought to his neighborhood. He also stated that no matter where the road was located, someone would be effected. He believed there had been ample information available on this issue over the last few years. Richard Beyer, 7917 Eder. Court, expressed concern about the only entrance to his neighborhood which could become blocked if an emergency occurred at the filling station located at that entrance. The Council asked that any further comments be held for the neighborhood meeting. f s VII . REPORTS OF ADVISORY COMMISSIONS A. Waste Management Commission Jullie stated the staff had recommended the Council delay any action on the second reading of the proposed packaging ordinance at least until the beginning of next year. He explained that State legislation may preclude the need for the Council to take any action. MOTION: Tenpas moved, Harris seconded to receive the Waste Management Commission report. Motion carried unanimously. { r CITY COUNCIL MEETING -7- JUNE 19, 1990 X. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Reports of Council Members 1 . Set Joint Meeting with the Parks, Recreation and Natural Resources Commission. MOTION: Tenpas moved, Harris seconded to set the joint meeting with the Parks, Recreation and Natural Resources commission at 6:00 p.m. , July 10 (prior to the Council meeting) . Motion carried unanimously. 2. Summer Vacation Schedule for Council Members The Council requested this item be placed on the July 10 agenda. 3. Reschedule July 3, 1990 meeting. MOTION: Tenpas moved and Harris seconded to cancel the July 3, 1990 meeting and reschedule the first meeting of this month to July 10, 1990. Motion carried unanimously. B. Report of City Manager 1 . Excess Liability Coverage Jullie reported Corporate Risk Management put together a report which included the liability limits of other cities to provide the Council a basis of comparison for Eden Prairie' s million dollar excess liability coverage. After some discussion, the Council members decided they were comfortable with the current coverage. XII. ADJOURNMENT Harris moved, Tenpas seconded to adjourn at 8:45 p.m. Motion carried unanimously.