Loading...
HomeMy WebLinkAboutCity Council - 09/18/2001 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 18,2001 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case,Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie,Parks &Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:03 p.m. Councilmember Nancy Tyra- Lukens was absent. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in Heritage Room H. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item VI.D. Approve First Amendment To Purchase Agreement With Woodlake Sanitary Service, Inc. Mosman added Items XIII.A.1. Star Mentor Program, XIII.A.2. Eradicating Weeds & Long Grass, and XIII.A.3. Overlook/Lookout Park Wayside. Butcher added Item XIII.A.4. Reaction by the Council to Tragic Events. Rosow removed the closed session under XIV.A. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 4,2001 MOTION: Mosman moved, seconded by Case, to approve the minutes of the Council Workshop held Tuesday, September 4, 2001, as published. Motion carried 3-0-1,with Butcher abstaining due to her absence. CITY COUNCIL NIIN(MS September 18,2001 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 4,2001 MOTION: Case moved, seconded by Mosman, to approve the minutes of the City Council Meeting held Tuesday, September 4, 2001, as published. Motion carried 3-0-1,with Butcher abstaining due to her absence. VI. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2001-141 APPROVING FINAL PLAT OF HARTFORD COMMONS B. APPROVE EASEMENT AGREEMENT FOR 18011 PIONEER TRAIL C. ADOPT RESOLUTION NO. 2001-142 TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM THROUGH THE LIVABLE COMMUNITIES ACT D. APPROVE FIRST AMENDMENT TO PURCHASE AGREEMENT WITH WOODLAKE SANITARY SERVICE, INC. FOR ACQUISITION OF APPROXIMATELY 17 ACRES. MOTION: Butcher moved, seconded by Mosman,to approve Items A-D on the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. THE PINES I by The Pines I, LLC. Request for Planned Unit Development Concept Amendment on 5.17 acres, Planned Unit Development District Review with waivers on 5.17 acres, Zoning District Amendment within the RM-6.5 Zoning District on 5.17 acres, Site Plan Review on 5.17 acres, and Preliminary Plat of 5.17 acres into 28 lots. Location: Southwest corner of Pioneer Trail and Settlement Drive. (Resolution No. 2001-143 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment, and Resolution No.2001-144 for Preliminary Plat) Jullie said official notice of this public hearing was published in the September 6, 2001 Eden Prairie News and was sent to 41 property owners. Steve Kroiss, developer of The Pines I, said this project is for 28 two- and three- unit townhomes, located at the southwest corner of Pioneer Trail and Settlement Drive. He said they have met with the association for the existing Pines and are working on a number of issues, which they expect will be completed soon. They have answered all the concerns of the neighbors, one of which was to widen out the existing radiuses to accommodate all the trucks. The Pines I will have a similar architecture to the existing Pines and a similar-style of landscaping. The price of each unit will be from$250,000 to$390,000. Franzen said the Community Planning Board voted 8-1 to recommend approval of the project to the City Council at its August 27, 2001 meeting. One waiver has CITY COUNCIL AM UTES September 18,2001 Page 3 been requested for lot depth from 100 feet to 76 feet for lots 1-19. This is similar to the townhouse development to the east. The other is for wetland structure setback from 15 feet to 5 feet. This is consistent with the approved plan, which was approved before the wetland ordinance was in place. All but two of the units comply with wetland and setback requirements. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Mosman moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-143 for Planned Unit Development Concept Amendment on 5.17 acres; and adopt Resolution No. 2001-144 for Preliminary Plat on 5.1 acres into 28 lots; and approve 1't Reading of the Ordinance for PUD District Review with waivers on 5.17 acres and Zoning District Amendment within the RM-6.5 Zoning District on 5.17 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Discussion followed. Case said currently there is a historic log house sitting on the property that adjoins Pioneer Trail. He said he would appreciate allowing John Gertz, the City's Historic Preservation Specialist, to have access to the property and the inside of the house in order to document it. There are only three log homes left in the City, and this one is a rare example of 1860 construction. Kroiss said he and John Gertz were in the log house earlier that day, and he will be allowed to document it. The house is of historic value, and within the next month the logs will be examined to see if the house would be worth restoring. Case said sometimes artifacts are removed from historic buildings and put in the Historical Society's museum. He made it a Council condition, to be added to the motion, that the developer would allow documentation and removal of artifacts from the log house that are left after current occupants have completely vacated the premises and turned the property over to the developer. Motion carried 4-0. B. GRAY FOX BLUFF by Kathryn Slavens. Request for Preliminary Plat of 47.03 acres into 3 lots. (Resolution No.2001-145 for Preliminary Plat) Jullie said official notice of this public hearing was published in the September 6, 2001 Eden Prairie News and was sent to 130 property owners. Kathryn Slavens said she is the daughter of John Anderson, the property owner, and was making the request in order to allow him to continue to live in the house. He wishes to subdivide one parcel into three Rural lots, located at 15598 Michele Lane. The creek and wetlands naturally subdivide this land. Each lot has at least 10 acres, with a buildable area, at the end of an existing street. She reached agreement with the Planning Board and City staff on every issue. CITY COUNCIL A10=S September 18,2001 Page 4 Franzen said the Community Planning Board voted 9-0 at the August 27, 2001 meeting to recommend approval of the project to the City Council. Two minor changes to the plans were completed. One was modification to the conservation easement, extending it to cover the public open space and wetland buffer, and the other was permanent roadway easements. These easements would not affect setbacks to the existing house that is on one of the parcels. Mayor Harris asked if anyone present wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-145 for Preliminary Plat on 47.03 acres into 3 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. C. VACATION OF PART OF DRAINAGE AND UTILITY EASEMENT IN WOODLAND PONDS OF EDEN PRAIRIE (10008 SHADOW POND DRIVE),VACATION 01-06 (Resolution No.2001-146) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to three property owners. Jullie explained that the owner of the property located at 10008 Shadow Pond Drive has requested this vacation of part of the drainage and utility easement to allow construction of a deck. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher moved, seconded by Mosman, to close the public hearing; and adopt Resolution No. 2001-146 vacating part of the Drainage and Utility Easement in Woodland Ponds of Eden Prairie. Motion carried 4-0. D. VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 8, BLOCK 1, SETTLERS RIDGE 5 ADDITION (19091 VOGEL FARM TRAIL),VACATION 01-07 (Resolution No.2001-147) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to the adjoining property owners. Jullie explained that the owner of the property located at 19091 Vogel Farm Trail has requested this vacation to facilitate expansion of the deck area of the home proposed on this lot. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-147 vacating part of the Drainage and Utility Easement over Lot 8,Block 1, Settlers Ridge 5th Addition. Motion carried 4-0. CITY COUNCIL MINUTES September 18,2001 Page 5 E. VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 9, BLOCK 1, SETTLERS RIDGE 5 ADDITION (19067 VOGEL FARM TRAIL),VACATION 01-08 (Resolution No. 2001-148) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to three property owners. Jullie said the owner of the property located at 19067 Vogel Farm Trail has requested this vacation to facilitate expansion of the deck area of the home proposed on this lot. Mayor Harris asked if anyone wished to address the Council on this vacation. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-148 vacating part of the Drainage and Utility Easement over Lot 10,Block 1, Settlers Ridge 5th Addition. Motion carried 4-0. F. VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 10, BLOCK 1, SETTLERS RIDGE 5 ADDITION (19043 VOGEL FARM TRAIL),VACATION 01-09 (Resolution No. 2001-149) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to three property owners. Jullie explained the owner of the property located at 19043 Vogel Farm Trail has requested this vacation to facilitate expansion of the deck area of the home proposed on this lot. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-149 vacating part of the Drainage and Utility Easement over Lot 10,Block 1, Settlers Ridge 5th Addition. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUPIICATIONS XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS CITY COUNCIL MMMS September 18,2001 Page 6 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Star Mentor Program- Councilmember Mosman Mosman referenced a letter from LeaAnn Thielman, coordinator for the Star Mentor Program at Central Middle School. This is a voluntary program, which Thielman has tried to get started in the City Center in the past, but has not received much response. She asked the City Manager to determine how to coordinate that program and give employees the option of joining it. Mr. Jullie said he would do that. 2. Eradicating Weeds and Long Grass—Councilmember Mosman Mosman said letters and editorials have appeared in the local newspapers regarding the unsightliness of long grass and weeds, especially around the City's main center area. She has been told the City has been looking into it and addressing it. She asked Gene Dietz for an update. Dietz said he has received e-mails, and read letters and editorials dealing with the issues of weeds and maintenance of landscaping. Those concerns were the catalyst that implemented the request for the City to employ an additional staff person and equipment to deal with landscaping issues in the main center area of the City, and weed growth issues in the rest of the community. Dry conditions contributed to the weeds this year. He was not aware of any research to verify a relationship between weed growth and duration of pavement life, as suggested in some letters. City crews can put down herbicides, but that causes concerns for some residents. Dietz said he would find out what other communities are doing and have a plan ready to implement next spring. 3. Overlook/Lookout Park Wayside—Councilmember Mosman Mosman said the Preservation Alliance of Minnesota earlier this year placed Lookout Park Wayside on its list of ten most endangered sites. The City recently submitted an application to the Minnesota Historical Society's State Historic Preservation Office (SHPO) for National Register status for this site. Unfortunately, it was turned down, in large part because of the physical condition of the park. The trash, the vandalism, and the overgrown vegetation led the reviewer to write to the City, ". . . considering the wayside's present state of integrity, the office cannot support its nomination." However, she went on to say"If work is done on the wayside that would reveal it to retain more historic physical integrity than it appears to have today, the documentation could be revised and updated with some modest effort." Mosman asked the Council to consider directing a clean-up effort. John Gertz, had attempted to organize this several times in the past and was CITY COUNCIL MMWTES September 18,2001 Page 7 turned down. Carl Jullie has said he would support a clean-up effort if the Council asks for it. The owner of the property, the Metropolitan Airports Commission(MAC), had given consent when Mr. Gertz approached them last year. a Butcher said she has been involved with this site for a number of years. A systematic clean-up has been tried before, but there needs to be regular patrolling of the site by police in order to keep vandals out. If a lot of the vegetation is removed, the police can do some surveillance from the road. There is historical value to some of the bushes that were planted when this site was constructed, so the removal of vegetation would have to be supervised by Mr. Gertz. Not long ago the site was believed to be eligible for National Register status, but now it is just on the edge of being eligible. It has been on the local register for some time and is very important to this whole region. Butcher said another problem is that people can access the site from below. Lambert said there is a gun club below the site, and a renter living in the house at the end of Riverview Road. Butcher said the City should block off the entrance to that access, because people are driving up to the site and dumping off junk, and some are taking away limestone from the wall or defacing it. Blocking off the access is also a safety measure. Butcher believed a multi-pronged effort would be needed. There had to be a plan for how to go about securing the site and watching it, with MAC's cooperation. Mosman said MAC had been cooperative in the past. The site has never been completely cleaned up and the undergrowth taken out. The Heritage Preservation Commission believe doing that would definitely help. After that is done,there needs to be a strategy for safety and security. Butcher said she believed there are other groups who may be partners in coordinating the restoration effort. Lambert verified that City staff is in the process of working with some other governmental agencies and groups that have an interest in preservation of the river valley and the sites there, as well as Lookout Park. Staff is in contact with them on a regular basis and is trying to get one group to take a leadership role. Everybody recognizes they need to have a coordinated plan for cleaning up, securing and monitoring the site. City staff hopes to present a plan for restoration to the Council in the near future. However, if that drags on too long, the City could at least clean up the site so it would be easy to monitor, and the clean-up should be supervised by John Gertz. MAC's permission would be needed. In the past MAC has said they want someone to take responsibility for monitoring the site, as they don't want their property to become a party place again as it was in the past. Butcher said she talked to Jim Clark about monitoring Lookout Park. He said they would step up efforts to include it on their route. He also talked about the Crime Fund. There are awards for notifying the police when CITY COUNCIL AI N=S September 18,2001 Page 8 there is a crime taking place, which may motivate people to report activity at the site. Butcher said there is a lot of loose limestone that has been knocked off the wall and is lying around the site, which the City has talked about putting in a secure location. She asked Lambert if that is still a possibility. Lambert said they can find a secure place to put it,but a significant part of the wall has been lost in the past few years. MOTION: Mosman moved, seconded by Butcher, to direct staff to organize a clean-up effort and a monitoring and safety plan at Lookout Park, contingent on the cooperation of the MAC, in an attempt to regain the integrity of the site for purposes of safety, preservation and stabilization, and possible resubmission for National Registry nomination. Discussion followed. Butcher suggested sending a letter to the Minnesota Historical Society from the City, outlining how much it means to the City to put Lookout Park on the National Register. The letter should also point out the site is not under our ownership, and let them know the City is making every effort possible at this time to secure that site, so they might review it again for National Register eligibility. Mosman said John Gertz would probably be willing to write that letter. Motion carried 4-0. MOTION: Butcher moved, seconded by Case, to have City staff write a letter to the Minnesota Historical Society, stating the City's intentions and commitment for preservation of Lookout Park, and what the City has done in the past. Motion carried 4-0. 4. Reaction by the Council to Tragic Events—Councilmember Butcher Butcher said the horrific events of last week caused her to think about how the Council, as elected officials, should react to the public when something like this happens. She talked to other cities' officials and councilmembers about this and they were thinking about the same thing. She wondered if the City should take out time on cable television for a memorial service. There is an administrative plan in place if there is an emergency, so she was talking about what the Council should be doing to be supportive of people's emotional needs. Butcher said she talked to Jim Miller of the League of Minnesota Cities about this. He said the League has a publication that deals with this subject,which he will send her. Mayor Harris suggested including this publication in the Council's packet. She said this is something that has never happened before, and people do seek reassurance and a way to express their own sorrow, rage, and other emotions. The Council should think about how the City might respond in CITY COUNCIL MMW=S September 18,2001 Page 9 the future. She asked Jullie to include it on the agenda for discussion at a Council Workshop. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Mayor Harris adjourned the meeting at 7:50 p.m.