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City Council - 10/16/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TIME: 7:30 PM, TUESDAY, OCTOBER 16, 1990 LOCATION: 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. City Engineer Alan Gray, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Harris, to approve the agenda. Anderson requested the addition of Item X.A.1, Signs, under Councilmembers Reports. Pidcock requested addition of Item 2, Drainage on the Corner of Duck Lake Trail and King of Glory Church. Peterson requested the addition of Item X.A.3, a discussion on Townline Road. Jullie requested that Resolution No. 90-256, regarding Site Plan Review and supplemental agreements for the Wilson Ridge Third Addition, be added to the Consent Calendar. He also asked that Items X.B.1, an MPCA Board Meeting, and X.B.2, the Community Newsletter, be added. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. City Council Meetinst held Tuesday, S v� tember 18. 1990 MOTION Harris moved, seconded by Pidcock, to approve the minutes of the September 18, 1990 meeting. Anderson requested that on page 2453, Page 7 of the minutes, the first sentence should read, "It would cost a lot to build a connection with Anderson i.tiskvii Parkway." City Council Minutes 2 October 16, 1990 Harris requested that on Page 2452, Page 6 of the minutes, fourth paragraph, the last sentence should read, "There was room for compromise in some of the areas..." O>n Page 2455, Page 9 of the minutes, the third paragraph from the- bottom should read "Tenpas said he believed there should be sore' deferment until development could occur." Harris said that on Page 2461, Page 15 of the minutes, regarding the discussion of Mr. Dean in the paragraph directly preceding the motion, the sentence should read "Jinn Dean said that he would be happy to see the ordinance passed a.nd cited particularly the provision that a property owner could not bring extra leaves...." Minutes approved as amended. B. City Council Meetinit held Tuesday. October 2, 1990 Anderson moved, seconded by Harris, to approve minutes of October 2. Approved 5-0. III. CONSENT CALENDAR A. Cleric's License List B. Apurove Final Plat of Boulder Pointe Townhosrses Located at the N.W. Quadrant of Twin Lakgs C, ossing and Staring Lalce Parkway (Resolution No. 90-254) C. Award Contract for Southwest Area Sanitary Seiver, I.C. 52-197 and A.C. 52-198 (Resolution 90-248) Continued from October 2, 1990 D. Change Order No. 1. Mitchell Road EZtension, I.C. 52-156 E. Resolution No. 90-257, Authorizinst Imsuatnce of Refunding_Bonds in the Amount of 57,000,000 for Edge Q4ommone AgArtmie nts F. Ist Reading of Ordinance No. 37-90, Establishing the Triegitage Preservation Commission G. Resolution No. 90-250 for Site Plan RL--view and Supi>lemental Astregments for Wilson Ridge Third Adldition. MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar. Approved 5-0. j City Council Minutes 3 October 16, 1990 IV. PUBLIC HEARINGS A. HEDQUIST ADDITION by Don Hedquist. Request for Preliminary Plat on 3.9 acres into 5 single family lots and road right-of-way with variances for lot frontage on a public road to be reviewed by the Board of Appeals. Location: 12900 Gerard Drive. (Resolution No. 90-247 - Preliminary Plat) Continued from October 2, 1990 Jullie said that on October 2,1990 the Council directed the proponent to work with adjoining property owners and City staff to develop a revised plan that was acceptable. Frank Cardarelle, representing Don Hedquist, explained the details of the new plan. The primary revision from previous plans was that access to the properties would be along a shared private driveway. Enger ,pointed out that the problem at the last meeting was whether or not there would be a cul-de-sac at the end of the short drive as it came in from the south. The revised plan was a private driveway throughout the development which eliminated the need for a cul-de-sac. The drive would be 25 feet wide. The plan would not impact the evergreen trees on the property. He said staff f believed this to be a good compromise plan. Howard Kaerwer said he believed this to be a good compromise plan and said that he would donate land to the City in order to make the marshlands accessible from Gerard Drive. There were no further comments from the audience. -MOTION Anderson moved that the public hearing be closets and that Resolution No. 90-247 approving the preliminary plat be approved. Motion approved 5-0. MOTION Anderson moved to request staff to prepare a Development Agreement incorporating Commission and staff recommendations and Council conditions. Seconded by Pidcock. Motion approved 5-0. B. VILLAGE KNOLLS by Argus Development. Request for Planned 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 f P City Council Minutes 4 October 16, 1990 and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive (Ordinance No. 21-90 - Zoning Amendment; Resolution No. 90-240 - Preliminary Plat) A continued Public Hearing from September 18, 1990 MOTION Pidcock moved, seconded by Anderson, to continue this item to December 4, 1990. C. HERITAGE PRESERVATION ORDINANCE - 1st Reading of Ordinance No. 38-90 Amending City Code Chapter 11 Jullie said notice of the public hearing was published in the October 4, 1990 issue of the Eden Prairie News. The Planning Commission had reviewed the proposed ordinance and recommended approved of the version in which the Planning Commission and City Council had review authority over the Heritage Preservation Commission. There were no comments from the audience. MOTION Harris moved to close the public hearing and approve the first reading of Ordinance No. 30-90 to amend the City Code by including Heritage Preservation regulations. Seconded by Pidcoclk. Motion approved 5-0. D. MUSA LINE AMENDMENT by the City of Eden Prairie. Request for Expansion of the MUSA Line (Resolution No. 90-255 - Amending the Comprehensive Municipal Plan by Expanding the MUSA Line) Jullie said notice of the public hearing was published in the October 4, 1990 issue of Eden Prairie News. The Planning Commission had reviewed the proposal to add 317 acres to the Year 2000 Metropolitan Urban Service Area within Eden Prairie, which would mean all the land north of Pioneer Trail would be included within the MUSA. The Commission recommended that the Council the adopt findings and forward the request to the Metropolitan Council. Final Council action to amend the Guide Plan to make the expansion in the MUSA would occur after Metropolitan Council approval of the request. Enger explained the details of the MUSA Line location analysis using maps to show exactly where the Line would be extended and what properties would be affected. 9 1, City Council Minutes 5 October 16, 1990 William Marshall, 17591 Pioneer Trail, discussed the establishment of a Metropolitan Agricultural Preserve on his apple orchard. He pointed out that because of a six-or-seven-year lead-time in his business, the plans that the City had for his land over this period of time greatly affected his business. If his land could be put into a Metropolitan Agricultural Preserve he could be assured of having his land in the future for growing apples and berries. He pointed out the educational and entertainment value of the apple orchard to children in the area, as well as the providing employment. He requested that the Council refer this request to City staff and the Planning Commission to consider putting his 142 acres into an Agricultural Preserve. Enger said this would require that the City change the Comprehensive Guide Plan and designate an area of Agricultural Preserve, which could be done. The area would also need to be changed to a new rural zoning district. Anderson and Tenpas requested more information from staff on the situation and the laws affecting this property. Harris said she would like to know the unique reasons why Council should consider keeping this area as an Agricultural Preserve. She asked if there was there anything to preclude Mr. Marshall from ( doing business as he was at the present time if the MUSA Line were to change. Enger said as it stands today, if the City did nothing, Mr. Marshall's business status would not change. The MUSA Line itself did not have any effect. There were no further comments from the audience. MOTION Harris moved to close the public hearing and adopt Resolution No. 90-255 proposing the expansion of the Metropolitan Urban Service Area. Seconded by Tenpas. Motion approved 5-0. f MOTION Harris moved, seconded by Pidcock, to direct staff to discuss with i Mr. Marshall the feasibility of an Agricultural Preserve designation on his property. Motion approved 5-0. i i d t V tb 2 1 City Council Minutes 6 October 16, 1990 d V. PAYMENT OF CLAIMS Pidcock moved the payment of claims, seconded by Tenps. Roil Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS,, REQUESTS & COMMUNICATIONS A. County Commissioner Randy Johnson - Update on County Activities Commissioner Johnson updated the Council on four areas of Hennepin County Activities: Detox Services, Light Rail Transit, the Garbage Burring Facility, and Fiscal Disparities. In relation to the detox services, he said that it would be necessary to cutback on social services from the County for financial reasons. A social model for detoxification was being considered rather that the current medical model because the social model was much more economical. Consequently, the County would not continue its financial agreement with the Fairview Treatment Center in Eden Prairie. Regarding Light Rail Transit, he said the County was negotiating to purchase the Chicago-Northwestern track which runs through Eden Prairie, but that implementation of LRT was very far in the future, perhaps 20 years or more. He discussed the garbage burning plant and said that pollution control equipment and a cooling tower had been added. The recycling program. in Hennepin County had been very successful and Eden Prairie had one of the highest percentages of participation in the program. The County would be adding plastic bottles to the recycling program. On the subject of Fiscal Disparities, he said that by 1995, $60 million of Hennepin County's money would be going to other counties. He said that Hennepin County was lobbying the State Legislature to put a cap on fiscal disparities. B. Requeat for 's Edenvale Roger Anderson, Engineer on the Donnay Project, represented Paul Donnay on this item. He said the last of the Watershed permits had been received. City Council Minutes 7 October 16, 1990 MOTION Pidcock moved that Donnay Edenvale I and II to do the early grading at its own risk and that it would comply with any restorations of alternations that may be required. Seconded by Anderson. Motion approved 5-0. VIII. REFQRTS OF ADVISORY CQMMISSIONS A. Human Rio-t.ts & Services Commission - Martin Luther King, Jr. Celebration Event Committee Report (Continued from October 2, 1990) (Continued to November 13) IX. APPOINTMENTS X. REPORTS OF QFFICERS,, BOARDS & COMMISS_IONS A. Reports of CouncilmeMbers 1. Signs Anderson asked that the City Attorney review the campaign sign guidelines for the City. Pauly said that the provisions of the Code permit one campaign sign per candidate on all types of residential property. The Code also permitted a similar number of signs on commercial or industrial property with the consent of the owner. The Code did not specifically request that the consent of the residential property owner be obtained. For vacant property, the rule would depend upon how the property was zoned. The Code was silent on placement of signs on rural property. Another aspect of the Code was that there was a provision against placing signs on public rights-of-way or easements. In addition to the Code provisions, there was the trespass law which stated that someone may not go on private property without consent. However, in order to be enforceable as a trespass violation, the owner had the obligation to request that anyone on the property leave it, or use posting which was done in the rural areas. State law permitted cities to remove i signs which were placed on highway rights-of-way. 1 Peterson expressed concern that there were no incentives or penalties for candidates to be diligent in securing permission ! for placement of campaign signs. He suggested that violations could be published in the newspaper. Pidcock expressed concern that it was a waste of staff time to police the proper placement of signs. City Council Minutes 8 October 16, 1990 Peterson asked Jullie what procedure was used when staff received notification of a sign that was placed improperly. Jullie said that if the sign was on public property or right-of- way the City would call the candidate or the candidate's committee and request that it be removed. If the sign was not removed within 24 hours, the City would remove it. If the sign blocked sight lines for traffic, it was removed without. notification. Gray said that he had seen some of the larger signs being secured with steel fencepost. He said that people installing the signs should be cautious of underground power lines on easement areas when installing these posts. Peterson requested that staff remove signs immediately that were in gross violation of the Code. He also requested that with signs that were questionable, the present procedure of notifying the candidate or campaign committee before removal should be followed. lie also asked that Jullie inform candidates not present at this meeting of the discussion. 2. Drainage Pideock said she had several conversation with Ms. Bernie Anderson about drainage on her property and asked if Mr. Gray could speak with her about this. Gray said the storm sewer had been extended in the area where Ms. Anderson lived in order to pick up additional drainage along Duck Lake Trail, but that he would review the situation agAin. 3. Townline Road Peterson said a petition had been received from persons who were not residents in the area in 1987 when the Council reviewed the concept plains for the extension of Townline Road to Highway No. 101. At that time there was considerable opposition by the residents in the City of Minnetonka to this extension. Subsequent to that the City had agreed to participate financially with the City of Minnetonka in some improvements of design. He believed the cost would be in excess of $1 million for the City. Peterson said he was concerned that if the process were to be delayed, there would be another hearing in 1991, and if there was yet another delay in 1991, there would be more hearings in 1993 and 1994 and the road would not be built as the cost became exorbitant. Inasmuch as the Council approved the concept plan in 1987 and agreed to participate with Minnetonka in some improvements, he suggested the Council consider reaffirming of its decision and notifying the City of Minnetonka and Hennepin County that the Council was in substantial agreement with the four-lane divided it City Council Minutes 9 October 16, 1990 road as proposed, urging Minnetonka to proceed on a decision, and requesting Hennepin County to proceed on the basis of the decisions of the two cities. He asked for Council discussion and also requested staff to prepare a resolution to encourage Minnetonka to act on this issue. Harris said that she would like a summary of the sequence of events, the costs, what the commitments were, and where Minnetonka was in its deliberations. Jullie said that the City of Minnetonka was scheduled to vote on the latest plan at the end of October. The plan had evolved through a citizens' committee process in Minnetonka. There had been another consultant review on traffic projections. There had been a substantial change in the design in terms of the grading which had lowered the grade and added screening walls. The results of these changes were escalated costs. It was questionable at this point whether the new plan would gain approval, but at the staff level, the City was supportive of it. The County staff had warned that if the issue was not resolved soon, it: would withdraw its recommendation for funding. Anderson said he would like to see the Minnetonka design. Tenpas said he would like to get more information on County and State funding on the project as well as more information on the plans. Jullie suggested that staff report to the Council at the November 13 meeting and he would invite someone from Hennepin County to update the Council on changes that had been made in the plan. Peterson said again that he believed it was very important to keep moving on the project in order not to lose County funding. B. ftport of City Manager 1. Pollution Control Agenc-Meeting Jullie said the Pollution Control Agency would meet at 3:00 PM on Tuesday, October 23 to accept the withdrawal of the landfill request and close the contested case hearing. i 2. Community Newsletter Jullie referred to the information Council had received on the Community newsletter. Harris said she believed the plan was very good. . Peterson agreed. Anderson said he would like to have it printed on recycled paper and would like to see the cost differential. City Council Minutes 10 October 16, 1990 C. Report of City Attorney D. Report of Director of Manning E. Report of Director of Parks. Recregltion and Natural Resources F. Report of Finance Director G. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT MOTION Pidcock motioned to adjourn at 9:25 p.m. Seconded by Anderson. Motion approved 5-0. i