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HomeMy WebLinkAboutCity Council - 09/03/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 3, 2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens announced that Council Forum is held the first and third Tuesday of the month from 6:30 – 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors, please notify the City Manager’s office (at 952-949-8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. Tyra-Lukens then announced that the mayor of Minnetonka, who is also the president of the National League of Cities, asked that all cities in the country read a proclamation to commemorate September 11, 2001. She then read the proclamation. Neal announced that the City is also participating in recognition of September 11. He said two significant church-related services will be held, and the League of Cities commemoration event will be ongoing throughout the day, beginning at 7:46 a.m. with a moment of silence and a ringing of sirens. Butcher asked that the proclamation be put on the City's website. Neal said it would, and the League's other events will be on the site as well. Tyra-Lukens made another announcement commending two young ladies from the community. Eden Prairie High School student Danielle Whipperfurth participated in a national teenage scholarship contest in Nashville this summer, representing the State of Minnesota and finished fifth nationally. Allison Kearns of Eden Prairie, who is Miss Minnesota, will be representing the state in the upcoming Atlantic City competition. Tyra- Lukens expressed the City's pride for both ladies. Tyra-Lukens also announced that Councilmember Luse has been diagnosed with pneumonia and is, therefore, not able to attend tonight's meeting. She said he asked her to convey to the CITY COUNCIL MINUTES September 3, 2002 Page 2 public that he has decided not to run for City Council election this fall. Case added that filing for vacancy is open until next Tuesday, September 10. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item under XIII.A.1., and Mosman added an item under XIII.A.2. The agenda would, therefore, be amended to reflect XIII.A.1. DISCUSSION ON THE SAMPLE SMOKE-FREE ORDINANCE POSTED ON THE CITY'S WEBSITE and XIII.A.2. UPDATE ON BUILDING ASSETS TOGETHER MEETING. In regards to busing, walking and drop-off situations on the first day of school, Mosman reported she talked to an officer at Eden Lake who said it went smoothly there and at Prairie View Elementary. Tyra-Lukens said she was at Prairie View, with the highest number of students walking and being dropped off, and things there went very smoothly. Tyra-Lukens thanked public safety staff and the school district for their preparation. Neal asked that Item VI.B. be removed from tonight's agenda because it is not ready for approval at this time. MOTION: Butcher moved, seconded by Mosman, to approve the Agenda as published and amended. Motion carried 4-0. V. MINUTES A. CITY COUNCIL FORUM, AUGUST 6, 2002 MOTION: Mosman moved, seconded by Case, to approve as published, the Minutes of the City Council Forum held August 6, 2002. Motion carried 4-0. B. CITY COUNCIL/SCHOOL BOARD WORKSHOP, AUGUST 20, 2002 MOTION: Case moved, seconded by Mosman, to approve as published, the Minutes of the City Council/School Board Workshop held August 20, 2002. Motion carried 3-0. Butcher abstained. C. CITY COUNCIL MEETING, AUGUST 20, 2002 Case noted a correction on Page 10, paragraph 2, first sentence. He said that three years ago, a 4-1 vote was required and Council had a 3-2. MOTION: Mosman moved, seconded by Case, to approve as published and amended, the Minutes of the City Council Meeting held August 20, 2002. Motion carried 3-0. Butcher abstained. VI. CONSENT CALENDAR A. CLERK’S LICENSE LIST CITY COUNCIL MINUTES September 3, 2002 Page 3 B. HOUND DOG PET HOTEL by Hound Dog Pet Hotel, L.L.C. 2nd Reading Planned Unit Development District Review with waivers on 1.56 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.56 acres, and Site Plan Review on 1.56 acres. Location: 13013 Valley View Road (East of Children’s World Daycare) (Ordinance for PUD District Review, Zoning District Amendment, and Resolution for Site Plan Review) This item was removed from the agenda in an earlier action tonight. C. APPROVE SPECIAL ASSESSMENT AGREEMENT FOR TRAIL CONSTRUCTION ALONG CRESTWOOD TERRACE D. CRESTWOOD PONDS by Terry Vogt Homes, Inc. 2nd Reading of Ordinance No. 23-2002 for Rezoning from Rural to R1-13.5 on 5.32 acres. Location: 9617 Crestwood Terrace. E. AUTHORIZE STAFF TO SUBMIT PERMIT APPLICATION FOR 2002-2003 WINTER SEASON FOR USAGE OF THE LRT TRAIL F. AWARD CONTRACT FOR PRAIRIE CENTER DRIVE/PRAIRIE LAKES DRIVE TRAFFIC SIGNAL AND PRAIRIE CENTER DRIVE TRAFFIC SIGNAL CONNECT, I.C. 94-5372 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT ENVIROSOLUTIONS FOR PHASE III WELL FIELD MANAGEMENT SYSTEMS H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT ENVIROSOLUTIONS FOR ANNUAL SYSTEM MAINTENANCE, I.C. 98-5456 I. APPROVE PLANS AND SPECIFICATIONS FOR THE GLENSHIRE OUTLOT A AND WATER TREATMENT PLANT MITIGATION SITES J. APPROVE PETITION FROM RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR THE ROUND LAKE WATER QUALITY IMPROVEMENT PROJECT K. APPROVE CONTRACT AMENDMENT WITH SUMMIT ENVIRO- SOLUTIONS FOR THE WELLHEAD PROTECTION PLAN L. ADOPT RESOLUTION NO. 2002-139 CERTIFYING THE CITY’S PROPOSED 2003 PROPERTY TAX LEVIES, SETTING THE DATE FOR THE TRUTH-IN-TAXATION HEARING, AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS M. ACCEPT HENNEPIN COUNTY REQUEST TO SERVE AS FISCAL AGENT FOR EMERGENCY MANAGEMENT GRANT CITY COUNCIL MINUTES September 3, 2002 Page 4 MOTION: Case moved, seconded by Butcher, to approve Items A, and C-M of the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS / MEETINGS A. RESOLUTION NO. 2002-140 FOR VACATION OF RIGHT-OF-WAY AND EASEMENTS OVER PART OF DATASERVE BUSINESS CENTER Neal said Official notice of this public hearing was published in the August 15, 2002, Eden Prairie News and sent to 4 property owners. He said the property owner has requested the vacation of underlying right-of-way and easements to provide a clear title for the property and to better enable replatting. The vacation affects only Lot 2, Block 1, Dataserve Business Center, which will be replatted into Prairie Medical Center. Replacement easements, consistent with constructed roadway alignments, will be dedicated through the Prairie Medical Center Plat. Neal noted that Dietz and the applicant are both present and available to answer any questions. There were no comments from the public. MOTION: Mosman moved to close the Public Hearing and adopt Resolution No. 2002-140 for Vacation of Right-of-way and Easements over part of Dataserve Business Center. Seconded by Butcher, motion carried 4-0. B. RIVER VIEW by Wooddale Builders. Request for Planned Unit Development Concept Review on 34.73 acres, Planned Unit Development District Review with waivers on 34.73 acres, Zoning District Change from Rural to R1-13.5 on 18.07 acres, and Preliminary Plat on 34.73 acres into 29 single family lots, 3 outlots, and road right-of-way. Location: South of Riverview Road at Parker Drive. (Resolution No. 2002-141 for PUD Concept Review, an Ordinance for PUD District Review and Zoning District Change, and Resolution No. 2002-142 for Preliminary Plat) Neal said official notice of this public hearing was published in the August 1, 2002, Eden Prairie News and sent to 30 property owners. He said this project is a 29-lot single-family subdivision located south of Riverview Road at Parker Drive. PUD waivers will be required for front yard setbacks and lot frontage for various lots, and rural lot size for a remnant parcel. The Community Planning Board voted 8-0 to recommend approval of the project to the City Council at the August 12, 2002 meeting. Neal said the applicant is present and Mr. Franzen from Staff is also present to answer any questions. Dwight Jelle from Westwood Professional Services presented the plan and gave an overview of the project. He introduced Steve Schweiters, owner and president of Wooddale Builders; Matt O’Connor, sales and marketing; and Paula Mestelle, site planner and designer and landscape architect. Case asked whether there are plans to develop outlot B and who retains ownership of B and how would it be accessed if someone would ever try to develop lots in there. Jelle CITY COUNCIL MINUTES September 3, 2002 Page 5 said Wooddale Builders is not purchasing outlot B or outlot A at this time. Lambert said Mr. Hustad will retain ownership of the property, and it is not buildable until there is access to it. He added the only access is to the east or the west. Fowler property is to the east with a conservation easement on that property, and to the west is a large parcel of land. Case asked Lambert if there are realistically buildable lots there that future councils would view as buildable. Lambert said there is land on the bluff that could probably meet slope requirements to get a road up to a lot, outside the floodplain, and place a house on it. However, he said it would be difficult to do major development there because the majority of the property is floodplain. Case asked about outlot B in terms of what could happen there. Franzen said back in 1999, development plans included density transfer to preserve it, but it resulted in a combination of a development of twin homes and small single family which didn’t fit with the land use pattern of the neighborhood. Franzen further stated based on direction from the Planning Commission at that time, it was developed into an R1 13.5 neighborhood. He said since the project does not need density transfer, we do not have a mechanism to require the land to be preserved so it does have development potential. He said it is in a rural zoning district, so anyone wanting to develop that property must go through the public hearing, rezoning and subdivision process. At that time, he said, the City would determine the development potential of the property. Case asked how many lots could fit on that ridge. Franzen said there could be potential for two, and maybe only one lot. Case asked if there were plans for a trail on the scenic overlook on the north side. Lambert replied there is a proposal for a trail on Riverview Road, but no plan for an overlook at that site at this time. Butcher asked if the Fowler property was in trust with the land trust. Lambert replied that the Fowler property is in trust with the Minnesota Land Trust and it could be called a conservation easement. However, he said it is different language than a conservation easement from the City. He said essentially they are the same thing – they want to keep it in its natural condition and not allow or limit development. He said basically the Fowler Land Trust Easement would leave things as they are now and it would be a stumbling block to get road access from the east into outlot A. Mosman was concerned that outlot B stay as outlot B. She also asked how the sandy soil in the area would be addressed. Dietz said a backyard drainage collection system is generally used in these cases. He said it does necessitate the need to construct storm sewer down the bluff, which is the only penetration into the wetland area. Dietz said starting at the common line between Lots 17 and 18 and wrapping all the way around the bluff side, there is a storm sewer system that will collect the backyard drainage and convey it down that pipe in the southeast corner of the property. Dietz said it is not an easy site, but the developer has done all that is expected with the silt fences and protection and preservation of the slope. He said the plan previously went further down the slope and the developer lost a number of lots to these kinds of concerns so that the development could be kept towards the top of the bluff. He said there has been much CITY COUNCIL MINUTES September 3, 2002 Page 6 negotiation and a lot of give and take about how it is being built, but it will have to be done carefully. The public was then invited to comment. Tony Phillippi, who lives adjacent to the proposed development, said other properties along the bluffs have deeded property to the City along the river, and he said it has not been addressed here. He is concerned with erosion and outlot B, and added he was not aware there were going to be buildable lots below the bluffs. In addition, he said he is wondering why the stormwater is collected down the hill and not collecting it internally. Tyra-Lukens asked Neal to address the issue of outlot A dedication. Neal said Lambert could address it more fully. Lambert said the difference between the development of this property and other properties along the bluff is that the owner or developer on the other sites have all owned property all the way to the river and the City was able to dedicate a 150-foot strip. He said in this case, Hustad is retaining ownership, but if he were to develop it, he would be required to dedicate a 150-foot strip along the river. Dietz said there is an internal storm water pond and essentially all the paths from the homes drain internally, but the back yards do drain away through the storm sewer along the back lot line to a NURP pond. He said the main reason for not putting the NURP pond at the bottom of the bluff is the lack of access and the disruption to the bluff that would happen in order to do it. Dietz said it is anticipated that the City may need to maintain some of these ponds. Jelle said both Settlers Ridge and Hennepin Village have identical storm sewer systems in the Riley Purgatory Watershed District with no heavy impact. He said his group is doing so many things on this project – NURP ponding water quality, secondary overflow system that will take large storm events, a third overflow system that will take even larger storm events, and a rear yard berm. He said the reason for going down to the river is elevation of some of the homes. Tyra-Lukens expressed concerns about erosion and asked if this new storm water drainage plan keeps the storm water on one side of the road. Dietz said it would. Tyra- Lukens asked what possibilities there may be for outlot B and what is that acreage. Neal said its 1.2 acres. Franzen said it cannot be determined at this point whether it’s one or two lots until there’s a development plan. Case asked if there would be a possibility of purchasing or trading for outlot B. Lambert has no idea what the cost may be, but said it can be looked at and added to the trail system as a possible overlook. Mosman is concerned that outlot B is not necessarily protected and asked if it could legally be protected without buying it. Phillippi spoke again and said it’s a rural lot that the City is allowing to be subdivided here and the 1.2 acre site does not fit the minimum lot size for rural. Franzen said it’s a CITY COUNCIL MINUTES September 3, 2002 Page 7 waiver of the lot size because it’s a remnant piece because they’re trying to keep Riverview Road in its current alignment. Rosow stated that if the proposal for development is not on the piece that the developer owns, then if the owner of the outlots has requests, he does it with the knowledge that the size does not meet the City code and variances would be required. He said the owner would have to go through the process and meet all the conditions of the process. MOTION: Case moved to close the Public Hearing and adopt Resolution No. 2002- 141 for PUD Concept Review on 34.73 acres; and approve 1st Reading of Ordinance No. 23-2002 for PUD District Review with waivers on 34.73 acres and Zoning District Change from Rural to R1-13.5 on 18.07 acres, and adopt Resolution 2002- 142 for Preliminary Plat of 34.73 acres into 29 lots and 3 outlots; and and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions; and authorize Staff to issue a land alteration permit. Butcher added a Council condition to continue the archaeological monitoring during the initial grading and prior to construction on Lots 11-13 and Block 1. Case added a condition to direct staff to explore how the conservation easements could be clearly marked on deeds to these lots. Butcher said it needs to be better communicated regarding rules and regulations for conservation easements. Case was also concerned with what would happen to outlots once associations no longer exist. Seconded by Mosman, motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman, and Tyra- Lukens voting “aye.” IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST TO CONSTRUCT TREE FORT IN CONSERVATION EASEMENT AT 11623 LANDING ROAD Brian Liebo, attorney for Hellmuth & Johnson, representing Andrew and Kathy Washburn, presented photos of the partially constructed tree fort and said his clients were not aware of the scenic and conservation easement at the time they constructed the tree fort. He said they just want to finish the fort for their children’s use. He said they are not asking for a conservation easement amendment or the voiding or cancellation of the easement; but they are strictly requesting written permission pursuant to specific terms of the easement. Liebo cited Section 2A and said the easement allows homeowners to come before the Council to seek consent to use the easement by requesting written permission. He said in this case, the Washburns are willing to have the written permission say that the CITY COUNCIL MINUTES September 3, 2002 Page 8 structure could only be there for 10 years. Lambert said staff has followed the ordinance in regards to this issue. He cautioned staff that there are 50 conservation easements in the City and there may be some increased interest in what is allowable in conservation easements with a series of these kinds of requests. He said in the past, the majority of issues with conservation easements were addressed after people have encroached and were clearly in violation of ruining the resource. He this area also has a drainage and utility easement over it because of the slopes there. He feels the most important thing at this point is precedent. Rosow gave the condition of the title of property. He stated the owners’ policy of title insurance clearly shows an easement for conservation purposes and identifies the area. He said they purchased in June of 2001, and the easement was filed in 1994. Butcher said precedent matters and she is sensitive about going forward with doing something that may bring others before the Council again. She asked if Council is prepared to give licenses in conservation easements for playground equipment or forts. She said Council has to be prepared to apply whatever is decided in this case to everybody who comes forward who lives on the 50 conservation easements. Case said although these people are not destroying or altering the land, there may be a way for Council to be flexible without changing the policy. He proposed that staff look at this and come up with something that would help these people without creating a precedent. Mosman said she would also like to have staff look at this. Butcher asked how situations like these have been handled in the past. Lambert said they have never been allowed, and if they are found, they are issued a letter giving a certain amount of time that the owners are required to restore the area. Lambert said the City has never told anybody that it’s OK to do something in a conservation easement. He said if it’s found, it’s removed; if it’s destroyed, it’s repaired. Butcher said this is an important point to note. Neal said the initial recommendation is that this not be approved; however, he would accept the challenge of talking with residents to see if there is some method or solution that would be a compromise for both parties. Tyra-Lukens said she’d be agreeable to sending this back to staff because she’s not comfortable taking a major policy shift and possibly allowing it without a full Council present for discussion. Case noted if there’s a way to make the situation have a punitive side to it, allowing the structure to stay for a while with a date definite for removal, and make it not desirable for others to follow this route. He said since there is no permanently altering or destroying, that possibly making a staff exception at this level and making sure there’s no precedent issues, this could be considered. CITY COUNCIL MINUTES September 3, 2002 Page 9 Liebo recommended the Washburns enter into a contract with the City. He said the document recorded against the property clearly allows them to ask for written consent. MOTION: Butcher moved to refer this matter back to Staff for further discussion with the property owners. Seconded by Case, motion carried 4-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. APPOINTMENTS TO THE ARTS AND CULTURE COMMISSION Neal stated that in March of 2002, five residents were appointed to the Arts & Cultural Commission which has a 5 to 7 membership range. At the August Arts & Cultural Commission meeting Freinde Mills announced that she and her family will be moving to Minnetonka. Therefore, she has resigned her position on the Commission. He said staff sent an email to resident artists and art contacts in Eden Prairie to notify them of the opening. Three individuals applied for the commission. After reviewing the applications, staff recommends that all three be appointed to the commission, thereby bringing the commission to a full seven members. Neal said all three applicants have backgrounds and interests in the arts as well as being involved in the government process, and staff also believes that each one has strengths they could provide the commission. Having a seven member commission will also allow us to spread out the work more, better reach the public, and receive more feedback and information from different view points. He said Staff commends that Todd Persteiner be appointed to serve out Freinde Mills’ term, which would be held until 2005. Doug White and Steve Mosow would be appointed to fill the 2003 and the 2004 terms. This would give us two one-year members, three two-year members, and two three-year members. MOTION: Butcher moved to appoint to the Arts & Culture Commission Todd Persteiner for a term to expire 3/31/2005; Steve Mosow for a term to expire 3/31/2004; and Doug White for a term to expire 3/31/2003. Seconded by Case, motion carried 4-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Discussion on the sample Smoke-Free Air Ordinance posted on the City’s website. Case said the sample ordinance on the website has caused needless confusion and he thinks it best to pull it and note there that it never was a proposed ordinance, that it was simply a sample and Council is now in the stages of CITY COUNCIL MINUTES September 3, 2002 Page 10 drafting their own ordinance. In addition, Case noted that the issue of the ordinance has always been an indoor air quality employee issue, and did not include prohibiting smoking in outdoor areas. Mosman supported taking the sample ordinance off the website and noted that the Chamber quoted parts of the sample ordinance in information it sent out, therefore creating a misunderstanding on their part also. Case said he wants to let the public know that there does not yet appear to be a consensus among Councilmembers on the issue. Butcher suggested Neal contact the Chamber and let them know that Council found it to be a bit misleading. She agreed that there is no sense of consensus on this issue. 2. Update on Building Assets Together meeting. Mosman said she will be the Council designee to go to the Building Assets Together meeting. She said an assets survey was conducted of all 6th and 9th graders and some 10th, 11th and 12th graders. She said they’re looking at how to fund another asset survey which shows a lot about students because the population does change so much. She said they’re looking at grants as well as businesses and churches to be involved, and it may involve looking at a link to the Eden Prairie website. She said a there will be a presentation this fall. B. REPORT OF CITY MANAGER 1. Update of City’s Strategic Plan Neal stated the best time for updating the Strategic Plan would be after the upcoming elections. They are looking in the January -February time period to take a Council retreat to establish the plan. 2. Fire Chief Appointment Neal announced the appointment of George Esbensen as the City’s new fire chief. He said he is currently assistant chief currently and will be Eden Prairie’s first career fire chief, and will start September 9. He said the announcement was warmly received last week by the firefighters. 3. Public Safety Department Neal advised the Council he was previously considering making organizational changes to the Public Safety department, including establishing a stand-alone Police Department and stand-alone Fire Department. He said after talking about it with management staff, that is the direction that will be taken. He said the timing is right because of the new fire chief appointment and also the City will have a new police chief within 90 days. CITY COUNCIL MINUTES September 3, 2002 Page 11 C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF PUBLIC SAFETY DIRECTOR G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:54 p.m.