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HomeMy WebLinkAboutCity Council - 05/16/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 16, 2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Ron Case, Councilmembers Brad Aho, Sherry Butcher, and Philip Young. Mayor Nancy Tyra-Lukens was absent from the meeting. CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. HUMAN RIGHTS & DIVERSITY AWARD AND DR. JEAN L. HARRIS YOUTH SCHOLARSHIP Cari Maguire, Chair of the Human Rights and Diversity Commission, presented the group award to the locally produced Arab-American talk show, Baladin, and the individual award to Burt Modie, family center volunteer and artist. Students Connie Wenn and Michelle Roemmich received the Dr. Jean L. Harris scholarships honoring their volunteer efforts in the community. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 2, 2006 MOTION: Aho moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 2, 2006 CITY COUNCIL MINUTES May 16, 2006 Page 2 MOTION: Butcher moved, seconded by Aho, to approve the City Council minutes as published. Motion carried 4-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 14-2006 AMENDING CITY CODE CHAPTER 6 RELATING TO STREETS AND SIDEWALKS AND ADOPT RESOLUTION NO. 2006-63 APPROVING SUMMARY ORDINANCE C. APPROVE SECOND READING OF ORDINANCE 15-2006AMENDING CITY CODE SECTION 9.11 AND ADOPT RESOLUTION NO. 2006-64 APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2006-65 APPROVING FINAL PLAT OF LONE OAK CENTER E. APPROVE SPECIAL ASSESSMENT AGREEMENT FOR MITCHELL RD./ LONE OAK ROAD TRAFFIC SIGNAL IMPROVEMENTS, IC. 06-5675 F. AWARD CONTRACT FOR 2006 SEALCOATING TO PEARSON BROTHERS, INC., I.C. 05-5667 G. AWARD CONTRACT FOR 2006 BITUMINOUS OVERLAY PROJECT TO WILLIAM MUELLER & SONS, INC., I.C. 06-5673 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR LONE OAK CENTER TRAFFIC SIGNAL DESIGN, CONSTRUCTION AND TIMING, I.C. 06-5675 I. ACCEPT BASE BID AND ALTERNATE G-1 FROM NORTHWEST ASPHALT, INC. FOR ASPHALT OVERLAY FOR PORTIONS OF CITY HALL AND FIRE STATION 2 PARKING LOTS J. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR STABILIZATION OF SLOPES ON LOTS 12, 13 AND 14, BLOCK 1, SETTLERS RIDGE 5Tx ADDITION K. APPROVE PHASE II NPDES STORM WATER PERMIT APPLICATION AND STORM WATER POLLUTION PREVENTION PROGRAM PLAN, I.C. 02-5585 CITY COUNCIL MINUTES May 16, 2006 Page 3 L. AWARD BID FOR RECONSTRUCTION OF TENNIS AND BASKETBALL COURT AT PRAIRIE EAST PARK TO MIDWEST ASPHALT M. AWARD BID FOR RECONSTRUCTION OF HOMEWARD HILLS PARK TENNIS COURT TO PLEHAL BLACKTOPPING N. APPROVE AGREEMENT FOR 2006 FORFEITURE VEHICLE STORAGE AND DISPOSAL BETWEEN THE CITY OF EDEN PRAIRIE AND AUCTION BORADCASTING COMPANY O. APPROVE RENEWAL OF THE AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE P. APPROVE FIVE YEAR LEASE FOR FIREFIGHTER TURNOUT GEAR AND ALL ASSOCIATED MANDATED RECORD KEEPING FUNCTIONS MOTION: Young moved, seconded by Aho, to approve Items A-P on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS A. BANEBERRY HOLLOW by Lakewest Development. Request for: Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres, Planned Unit Development Concept Review on 2.51 acres, Planned Unit Development District Review with waivers and Zoning District Change from Rural to RM-6.5 on 2.06 acres, and Preliminary Plat of 2.51 acres into 12 lots and right-of-way. Location: 10015 and 10065 Pioneer Trail. (Resolution No. 2006-66 for Guide Plan Change; Resolution No. 2006-67 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change, Resolution No. 2006-68 for Preliminary Plat) Neal said this is a 10-unit twin home development. The change in land use is reasonable since it provides for an appropriate density to the abutting higher density development to the west and lower density development to the southeast. The current access to Pioneer Trail will be eliminated, which improves safety. However, to address neighborhood concerns, the developer is working with Hennepin County to obtain a temporary construction access from Pioneer Trail to complete the majority of the development. The Planning Commission voted 6-0 to recommend approval of the project to the City Council at the April 24, 2006 meeting. The proponent noted these would be luxury units selling for about$450,000 per side. Rainwater gardens are part of the plan. Hennepin County is likely to grant a 6-9 month construction access permit from Pioneer Trail, which will allow streets CITY COUNCIL MINUTES May 16, 2006 Page 4 and utilities to be constructed,but the County is unlikely to permit a renewal. Staff said that timeline would adequately address the Planning Commission's concerns. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2006-66 for Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres; adopt Resolution No. 2006-67 for Planned Unit Development Concept Review on 2.51 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to RM-6.5 on 2.06 acres; adopt Resolution No. 2006-68 for Preliminary Plat on 2.51 acres into twelve lots and right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0. B. GANDER MOUNTAIN by Oppidan Investment Company. Request for: Comprehensive Guide Plan Change from Industrial to Regional Commercial on 4.69 acres, Planned Unit Development Concept Review on 4.69 acres, Planned Unit Development District Review and Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres, Site Plan Review on 4.69 acres, Preliminary Plat of 4.69 acres into one lot and right-of-way. Location: 12150 Technology Drive. (Resolution No. 2006-69 for Guide Plan Change; Resolution No. 2006-70 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2006-71 for Preliminary Plat) Neal said the proposed 65,698 square foot Gander Mountain retail store would be sited across the street from Costco on Technology Drive. The Planning Commission voted 5-1 to recommend approval of the project with conditions to the City Council at its April 24, 2006 meeting. Jeremiah said although the MCA plan envisioned this area as office, the presence of overhead power lines and an electrical substation made the lot unattractive to the office market. Retail is an acceptable substitute, and the developer will upgrade Technology Drive to mitigate increased traffic. The project features underground parking and an attractive design, which creates a nice focal point. MOTION: Aho moved, seconded by Young, to close the Public Hearing; adopt Resolution No. 2006-69 for Guide Plan Change from Industrial to Regional Commercial on 4.69 acres; adopt Resolution No. 2006-70 for Planned Unit Development Concept Review on 4.69 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres; adopt Resolution No. 2006-71 for Preliminary Plat on 4.69 acres into one lot and right-of-way; and CITY COUNCIL MINUTES May 16, 2006 Page 5 direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 2005 Comprehensive Annual Financial Report (CAFR) William Lauer,Principal in the independent auditing firm of Malloy, Montague, Karnowski, Radosevich, &Co., P.A. reviewed the firm's report of the City's financial condition and control procedures, required by state law. The City received an unqualified opinion with no adverse findings or noncompliance, the best possible result. Lauer analyzed modest changes in revenue and expenses versus last year for each of the City's funds, as detailed in the report. Factors impacting Eden Prairie's revenues and expenditures in 2005 included reduced special assessment revenues caused by slowing development; a lower portion of state aid than many cities receive; an insurance/risk management adjustment in 2004 that is still impacting the budget; new capital outlays for the fire station, fire engines, and roads;rising interest rates; and a fire/police pension pass-through. The City may wish to break out community development costs, facilities, and technical and insurance costs from its general fund, as is done by many cities. MOTION: Butcher moved, seconded by Young, to accept the 2005 Comprehensive Annual Financial Report(CAFR). Motion carried 4-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Professional Services Agreement for Guide Plan Update Jeremiah noted the update is required by the Met Council to be complete by 2008. SRF Consulting has worked with staff to finalize a scope of work and fees for the 2008 Guide Plan Update. Work and cost for 2006 is $92,243. Work and cost for 2007 is $83,009. The 2006-07 budgets CITY COUNCIL MINUTES May 16, 2006 Page 6 allocated $100,000 for the update of the comprehensive plan for each year, allowing some extra money in case a more extensive public process/ neighborhood groups is required. Work will start immediately and continue through September 2007, followed by the formal approval process. A consultant is appropriate because the project's scope would otherwise require hiring temps or decreasing services. Of the responses to the RFP, SRF had the best public process. SRF also has extensive familiarity with the MCA plan and the City's history, which has helped contain costs. The previous guide plan update in 1998 cost $238,000. MOTION: Butcher moved, seconded by Aho, to authorize the Mayor and City Manager to execute an agreement for professional services with SRF Consulting, Inc. for the 2008 Guide Plan Update for a total cost not to exceed $175,252. Motion carried 4-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Sin0etree Lane & West 78th Street Preliminary Design, I.C. 06-5676 Dietz characterized the intersection of Singletree Lane, Flying Cloud Drive, and the mall entrance as the worst in the city. With the potential for redevelopment and additional traffic, the intersection needs to be addressed. The proposed agreement would investigate what could be done to improve safety and traffic flow, what it would cost, and exactly where the road would go. Redevelopment of the southwest quadrant of the intersection is already being brought forward, so the study is timely and needed. The estimated budget for the Preliminary Design Services is $92,922. This includes surveying, preliminary roadway design, preliminary landscape design, and cost estimating. In addition, the Professional Services Agreement identifies an hourly rate for SRF to attend meetings with area businesses at the direction of the City. Due to the uncertain nature of this task, no budget has been specifically defined for this task. At this time, city staff is roughly estimating a cost of$15,000 for meetings. This adds to the cost but is needed to get a solution that meets everyone's needs. The project will not go forward without agreement and buy-in. All costs associated with the preliminary design will be paid using TIF monies received for MCA transportation improvements. CITY COUNCIL MINUTES May 16, 2006 Page 7 Councilmembers noted some property owners (including the largest property owner, General Growth) oppose the intersection project, which is intended to benefit them. Despite the public process of the MCA study, some businesses were taken by surprise. For example, owners may have been notified,but not their tenants. Anxiety about the project is high. Staff contended the preliminary design is needed to provide something specific for property owners to react to, and to show the benefits and impacts. Public input throughout the MCA Study highlighted traffic flow as a primary concern for both businesses and the public. In addition, timing matters because the owners of the SW quadrant have already put their sale on hold for eighteen months while the MCA study was being done. A private developer has assembled a group of properties in the quadrant and is ready to accommodate the right of way for the intersection,but the preliminary design has yet to be done. Council should also consider its commitment to the MCA study and the time and money spent on it. After discussion, Councilmembers agreed the City should meet with property owners once again and understand their concerns better before going forward with the design. MOTION: Young moved, seconded by Aho, to continue the item regarding a Professional Services Agreement with SRF Consulting Group for Singletree Lane and West 781h Street Preliminary Design to the June 6, 2006 City Council meeting. Motion carried 4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:44 p.m.