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HomeMy WebLinkAboutCity Council - 07/19/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 19, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Engineer Rod Rue, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. VETERANS MEMORIAL TASK FORCE RECOGNITION Lotthammer said the Veterans Memorial is a treasure in our City as well as a tribute to the 17-member Veterans Memorial Task Force appointed in 2006. He read the names of the Task Force members. He noted the Task Force has accomplished their goal of constructing the memorial, and there is an interest to continue the annual celebration on Memorial Day. He said the action requested tonight is to authorize staff to reserve Purgatory Creek on Memorial Day at no charge so the Task Force can conduct a ceremony on that day. The item also recognizes the accomplishments of the Task Force and provides for the care and maintenance of the memorial. The remaining funds raised by the veterans will be used to complete the installation of flags at the memorial. Additional donations received would be used to fund the care and maintenance of the memorial. He said the Communications Department will work with those who want to have an inscription at the memorial and will administer future memorial funds. Kevin Rofidal, Chair of the Veterans Memorial Committee, reviewed the Task Force activities and team efforts and thanked the City for their support. He read a list of those Eden Prairie residents who have died in service. Tyra-Lukens thanked the committee members for their work. MOTION: Butcher Wickstrom moved, seconded by Case, to recognize the members of the Veterans Memorial Task Force for their significant accomplishments; to authorize staff to create a care and maintenance fund to CITY COUNCIL MINUTES July 19, 2011 Page 2 account for donations and expenditures towards the ongoing maintenance of the Veterans Memorial; and to authorize staff to reserve at no cost, Purgatory Creek Park for a Memorial Day celebration. Motion carried 5-0. Tyra-Lukens introduced our new Public Works Director, Robert Ellis. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Items VIII.G. and XIV.C.1. He noted there were revisions to Item IX.C. and D. on goldenrod paper. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 14, 2011 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, June 14, 2011, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 14, 2011 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 14, 2011, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CONTRACT WITH MINNESOTA DEPARTMENT OF EMPLOYMENT & ECONOMIC DEVELOPMENT (DEED) FOR BUSINESS DEVERLOPMENT INFRASTRUCTURE GRANT FOR VALLEY VIEW ROAD/PRAIRIE CENTER DRIVE ROAD IMPROVEMENT PROJECT C. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS (CAULKING, TUCKPOINTING, SEALANTS, BLOCK & BRICK REPAIR, CONCRETE, ETC.) TO RESTORATION SYSTEMS, INC. D APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES INC. FOR CONSTRUCTION PHASE SERVICES FOR THE VALLEY VIEW ROAD/PRAIRIE CENTER DRIVE INTERSECTION SERVICES CITY COUNCIL MINUTES July 19, 2011 Page 3 E. APPROVE EDEN PRAIRIE ROAD (CR4) FLASHING YELLOW ARROW CONVERSION PROJECT F. AWARD CONTRACT FOR CHEROKEE TRAIL UTILITY RELOCATION PROJECT TO G.F. JEDLICKI, INC. G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR UNITEDHEALTH GROUP DEVELOPMENT SITE PLAN REVIEW MOTION: Case moved, seconded by Nelson, to approve Items A-G on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENT FOR ROAD PURPOSES IN SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 116, RANGE 22, HENNEPIN COUNTY (Resolution No. 2011-53) Getschow said official notice of this public hearing was published in the June 30, 2011, Eden Prairie News and sent to one property owner. He said this is essentially a swapping of easements. The City has no need for the roadway easement if we have the drainage easement. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2011-53 vacating an easement for road purposes in the southeast quarter of Section 21, Township 116, Range 22, Hennepin County, Minnesota. Motion carried 5-0. B. GRAND HAVEN AT MARSH COVE by Marsh Cove, LLC. Request for Guide Plan change from Church to Low Density Residential on 6.41 acres and from Church to Parks and Open Space on 5.21 acres, Planned Unit Development concept review on 11.62 acres, Planned Unit District review and Zoning District change from Public to R1-13.5 on 6.41 acres, Preliminary Plat on 11.62 acres into 16 lots and 1 outlot. Location: 17850 Duck Lake Trail. (Resolution for Guide Plan Change; Resolution for PUD concept Review; Ordinance for PUD district Review and Zoning District Change; Resolution for Preliminary Plat) Getschow said official notice of this public hearing was published in the July 7, 2011, Eden Prairie News and sent to 87 property owners. He said this is a 16-lot, single- family residential project. The project requires a Guide Plan change from Church to Low Density Residential on 6.41 acres, and from Church to Park/Open Space on 5.21 acres. The project requires 40 Planned Unit Development waivers from the City code related to lot size, lot width, street frontage, setbacks, and cul-de-sac length. He said the June 10, 2011, staff report to the Planning Commission recommended that the project be continued with direction to revise the plan to conform to City Code CITY COUNCIL MINUTES July 19, 2011 Page 4 requirements. The Planning Commission voted 6-0 to recommend approval of the project as submitted with the change in the guide plan and the 40 waivers from the City Code related to lot size, lot width, street frontage, setbacks, and cul-de-sac length. Jeff Schoenwetter,representing JMS Custom Homes design team, addressed the proposal. He said the request for variance for the PUD enables them to do some things that are not feasible under the R1-13.5 zoning. He said the Edenbrook Conservation Area to the north of the project will grow by three acres, and it dedicates 27% of the land area as an addition to Edenbrook. He said all the lots are within 10% of the R1-13.5 size. The cul-de-sac was shortened and flexibility was added to the plan design to create view corridors. The homes built will adhere to GreenPath building science. Aho asked about the intended value of the homes. Mr. Schoenwetter said they anticipate the price to be around $600,000 for the home and lot. Rick Harrison, Rick Harrison Site Design, presented a video of the site design. He said the building pads are very large because they are shaped for the lot. He reviewed the design concepts for the houses. Nelson asked if there is any point on the side yard setbacks that has less than ten feet between the house and lot line. Mr. Harrison said there is not. Nelson said she thought there were a couple of lots with 20 foot back yard setbacks. Mr. Harrison said the minimum backyard setback is 32 feet. Nelson said we have approved tight properties before and then ten years down the road we have issues. It is always a difficult situation when a house is built so close to the backyard setback and they want to add a deck or do other things with the property later. She asked about the slope on Lot 8. The project engineer said the slopes are 5 to 1 at the steepest. Nelson asked if the development will not have any street lighting. The project engineer said that was true. Nelson said she was concerned there could be dark spots if people don't change their light bulbs so she was not sure she was comfortable with not having street lights. Mr. Schoenwetter said he envisioned the Homeowners Association would have by-laws and covenants that would require photo-cell illumination. In addition they could incorporate the maintenance of those as a requirement of the Homeowners Association. Aho noted they have incorporated a lot of nice design features into the project and asked if they have always worked with 16 lots rather than a smaller number. Mr. Schoenwetter said the original plan was for 21 lots,but staff encouraged them to come forward with a plat density that resembled the ordinance. Getschow said between the Planning Commission meeting and this meeting staff did some research on some of their design features which are part of the concept called "Prefurbia." Getschow asked if this would be one of the smaller sites where they CITY COUNCIL MINUTES July 19, 2011 Page 5 propose some of these ideas. Mr. Harrison said they used some of the design elements from"Prefurbia,"but the site is restricted for some of those elements. Sarah Cheesman, 6782 Boyd Avenue, presented a petition from the neighborhood asking the City Council to reject the proposal with 40 waivers. She said they love the view they have now, and this development would alter the view for her and many others in the neighborhood. She said the City has zoning ordinances for a specific reason and asked the Council to deny the request because it does not fit within the existing neighborhood and does not meet City guidelines. She thought it would set a precedent for other neighborhoods. Shawn Cheesman, 6782 Boyd Avenue, presented a PowerPoint presentation showing photos of the neighborhood and reviewing the technicalities of non-conformance by this development. He was concerned that too many of the large evergreens around the property will have to be removed for this development. He said over 59 people he talked to in the neighborhood support the zoning change to be single family homes, but they want the developer to prepare a plan that meets City guidelines. Mr. Schoenwetter said they held neighborhood meetings at the church with a large turnout, yet they never heard about these concerns until coming to this meeting. He said they are dedicating nearly 30% of the site to the City, and the design is innovative and very buildable. He said they can go to a conventional grid, but that would not be the best way to develop the property. Ryan Richards, 6758 Boyd Avenue, said part of the parkland being given to the City is underwater for three months of the year and really isn't buildable. There also would be no access for people outside of the neighborhood. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 5-0. Nelson said she has questions about every lot needing a waiver. She noted the City did some different back and side yard setbacks when Hennepin Village was developed as a PUD; however, this development is a small infill piece. She was concerned about how the land slopes down at the end of the property. She liked the fact they are doing some innovative things,but 16 lots on this seems a little tight. She would like to send it back to staff and say we approve the use of the new technology but it needs some work. Butcher Wickstrom thought this Council has an appetite for seeing new plans for development. She thought there were some excellent ideas in the plan including the curving street and the pervious surfaces. She knew we have had work done in the City by Mr. Schoenwetter; however, she was worried because we have concerned neighbors. She has talked to staff and reviewed the minutes, and she has concerns about the large number of waivers requested. She was also concerned about the lack of communication when we have developments going into existing neighborhoods. She hoped that we would have greater communication going forward and would like to have staff take another look at this. CITY COUNCIL MINUTES July 19, 2011 Page 6 Case asked what the timetable is for approval. Jeremiah replied we have until September 2 before we would have to ask them for an extension. Case said he would prefer to not vote this up or down tonight because there is a lot of good in this project. He liked the gifting of 27% as well as what he heard about the new neighborhood design. He thought our zoning rules are there to protect people that live there and to protect precedent for new development. While there may be only six variance categories, it impacts homes in 40 different ways and that is not insignificant. We have done variances in large PUD's before, but the City gained something in those. He thought 40 waivers is precedent setting, and he would like to see this design with 14 or 15 lots. We need to look at how infill projects impact the neighbors and try to get the best project for the people of Eden Prairie. He has walked the area, and it was clear several of the lots have no screening. He thought it was incumbent on the developer to make sure the people who are already there are treated well and the lots are screened. Aho said he walked the property and looked at the lots. He agreed the design features of the project are significant and beautiful;however he was uncomfortable with the amount of waivers requested for the project. He thought the design features could be retained with a lesser number of lots. He thought we should try to match the look and feel of the neighborhood in terms of lot size and space. This design feels tighter than the two streets on either side and he would like to see another plan come forward that would require few or no waivers. Tyra-Lukens thought it is a beautiful plan and she liked the way the street will look. She liked the rainwater gardens, the pavers and other features, but she had the same issues as the other Council Members about the number of variances. She would also like to see this go back for more work. Case thought if there were waivers that accomplished some of the other objectives; he thought we would be willing to look at individual situations. MOTION: Nelson moved, seconded by Butcher Wickstrom, to continue the project to the August 16'h City Council meeting and to urge staff to meet with the developer to see what can be done to make many fewer variances on the project while retaining the innovative ideas. Motion carried 5-0. Tyra-Lukens said she would also like to encourage more communications between the neighborhoods. C. METROPOLITAN FORD CAR DEALERSHIP by Thomas Grossman Family L.P. Request for Planned Unit Development Concept Review on 16.2 acres, Planned Unit District Review on and Zoning District Amendment in the C-Reg-Ser Zoning District on 16.2 acres, Site Plan Review on 16.2 acres, Preliminary Plat on 16.2 acres into two lots. Location: 12475 Plaza Drive. (Resolution No. 2011-54 for PUD Concept Review; Ordinance for PUB District Review and Zoning District Amendment; Resolution No. 2011-55 for Preliminary Plat) CITY COUNCIL MINUTES July 19, 2011 Page 7 Getschow said official notice of this public hearing was published in the July 7, 2011, Eden Prairie News and sent to 16 property owners. This project deals with both the Suburban Chevrolet and Metropolitan Ford dealerships. Steve Irwin,project architect, said they were available to answer questions. Nelson asked what will be done with the current Metropolitan Ford site. Tom Grossman said he is the owner of the two dealerships but he has no idea what the current owners' plans are for the site. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2011-54 for Planned Unit Development concept review on 16.2 acres; to approve 1st Reading of the ordinance for Planned Unit Development district review with waivers, and Zoning District amendment in the C- Reg-Ser District on 16.2 acres; to adopt Resolution No. 2011-55 for preliminary plat on 16.2 acres into 2 lots; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to approve and authorize issuance of a grading permit for the Metropolitan Ford 2011 project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 12, 2011, as approved by the City Council; and to approve and authorize issuance of a footing and foundation permit for the Metropolitan Ford project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated July 12, 2011, as approved by the City Council. Motion carried 5-0. D. UNITED HEALTH GROUP GUIDE PLAN CHANGE by United Health Group. Request for Guide Plan change from High Density Residential to Office on 19 acres and Neighborhood Commercial to Office on 4.5 acres and Regional Commercial to Office on 4.2 acres. Location: Hwy 62 and Shady Oak Road. (Resolution No. 2011- 56 for Guide Plan Change) Getschow said this Guide Plan change is the first step in a large project. United Health Group (UHG) is proposing a 1,497,000 square foot office complex. He noted this is the first of several meetings for this project. There are a number of components to traffic and upgrades to different areas of the City that are part of a previous developer agreement that we are updating as part of this process. Dennis Spalla, Senior Director of Development at UHG, said their request tonight is to change the City's Comprehensive Guide Plan from mixed use to all office use on the site. If the request is approved, they will return to review the entire PUD. Their long term vision is a three-phase project consisting of four buildings with two to be completed in the first phase. The office buildings will have office capacity for over 6600 workers. The Southwest Transit LRT is a key ingredient of their plan because this site is envisioned as a major employment destination. There were no comments from the audience. CITY COUNCIL MINUTES July 19, 2011 Page 8 MOTION: Nelson moved, seconded by Aho, to close the public hearing. Motion carried 5-0. Nelson said she wanted to make sure the LRT station does stay a part of the campus. Mr. Spalla said it will be a part of the plan but they don't know exactly what the design will be. Nelson said she wanted to be sure there are plans for people-type amenities within the project. Mr. Spalla said their buildings will have amenities within them. They have adaptive workplace standards for their buildings and will try to spread traffic out from the peak hours. There will be a convenience store near the cafeterias, and they will also have a wellness center that is like a Minute Clinic. Tyra-Lukens asked if they have talked to any of the planning staff for the LRT in order to discuss parking opportunities around the station. Mr. Spalla said he is on the Community Advisory Council for the LRT so he has talked to their staff over the past two years and is very familiar with the plan, the process, the route, and the functions and capabilities of each of the stations. They have gone through some of the planning process with consultants for the LRT to work on a designated area for the station and the parking ramp. Getschow thought the timing for the development works out well with the LRT. Jeremiah said the contract for professional services with SRF approved earlier on tonight's Consent Calendar involves SRF looking at integration of the LRT station into the UHG plans. She said staff will do the best they can to make sure there is adequate space. Case said we are extremely excited to have UHG come in and he liked the basic plan. He was impressed by the incredible respect they are showing for the environment and the wetlands. Aho welcomed the UHG group and noted this is a great project. He asked about the project timing. Mr. Spalla said they would like to accelerate the schedule and would like to be in the ground yet this year. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2011-56 for Guide Plan change from High Density Residential to Office on 19 acres; Neighborhood Commercial to Office on 4.5 acres; and Regional Commercial to Office on 4.2 acres, and to direct staff to prepare a development agreement incorporating staff and commission recommendations. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES July 19, 2011 Page 9 XI. ORDINANCES AND RESOLUTIONS A. APPROVE 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTE 10 RELATING TO ELECTRICAL INSPECTIONS Getschow said in June there were several issues discussed regarding the State shutdown, and one of the discussions was about electrical inspections. Even though it looks like the shutdown may come to an end soon, staff would like to move ahead with setting up our own inspections until the State can take over the program. The ordinance is set up so that it will automatically sunset when the State takes over. Tyra-Lukens asked if we could set up the ordinance so it can go back into effect next year if there is another State shutdown. Rosow said that could be done but he would not want to draft the language for that on the spot. He said we could revisit it in a more thoughtful manner after the shutdown is over. He noted the ordinance states this will sunset at the point when the Department of Labor and Industry is funded. He thought the intent was that it be revoked once the Department of Labor and Industry is prepared to initiate electrical inspections in the City of Eden Prairie. Getschow agreed that would be our intent. MOTION: Case moved, seconded by Nelson, to approve lst reading of an ordinance amending City Code Chapter 10 relating to electrical inspections, with the wording regarding the sunset provision as stated by City Attorney Rosow. Motion carried 5- 0. B. APPROVE 2n READING OF ORDINANCE 9-2011 AMENDING CITY CODE CHAPTER 10 RELATING TO ELECTRICAL INSPECTIONS AND ADOPT RESOLUTION NO. 2011-57 APPROVING SUMMARY ORDINANCE Getschow noted 2nd reading would normally occur at a subsequent meeting so this action will require a unanimous vote of the Council. MOTION: Aho moved, seconded by Case, to approve 2nd reading of Ordinance No. 9-2011 amending City Code Chapter 10 relating to electrical inspections and adopt Resolution No. 2011-57 approving summary ordinance. Motion carried 5-0. C. ADOPT RESOLUTION NO. 2011-58 RECEIVING AND ACCEPTING FEASIBILITY REPORT, RECEIVING AND APPROVING 100% PETITION, AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIICATION FOR PUBLIC IMPROVEMENT FOR TRAIL ADJACENT TO BEARPATH GOLF ND COUNTRY CLUB Getschow said both of these items are related to a development agreement with Bearpath Golf and Country Club that goes back to 1993 regarding the construction of a trail along the westerly line of Bearpath. He said we have come to an agreement with Bearpath for the trail. There is a change in the amount of the assessment for these two items on goldenrod paper. There is only one property being assessed, and CITY COUNCIL MINUTES July 19, 2011 Page 10 they agree with the assessment so there is no public hearing on this item. Item D is the actual levy of the assessment. Rosow pointed out there are three goldenrod items including Exhibit A which is an attachment for both resolutions. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-58 receiving and accepting the feasibility report, receiving and approving the 100% petition, ordering improvement and preparation of plans and specifications for public improvement for trail adjacent to Bearpath Golf and Country Club. Motion carried 5-0. D. ADOPT RESOLUTION NO. 2011-59 APPROVING AND LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY OWNED BY BEARPATH GOLF AND COUNTRY CLUB LIMITED PARTNERSHIP AS IDENTIFIED IN THE RESOLUTION MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2011-59 approving and levying special assessments against property owned by Bearpath Golf and Country Club Limited Partnership as identified in the resolution. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS A. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Smith Douglas More Property Jeremiah said staff is working with the Riley Watershed District on a grant to help fund a parking lot expansion at the Smith Douglas More property using porous pavers. She said if we receive the grant, it would require matching funds from the City. Staff will suggest using the storm water utility fund to provide the matching funds. Tyra-Lukens commented it is obvious they need the additional parking. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES July 19, 2011 Page 11 1. Approve Plans and Specifications and Order Request for Quotes for East Staring Lane Watermain Extension City Engineer Rod Rue said this is an item that relates to the vacation of roadway easement approved earlier tonight. It is contingent upon the property owner granting us the water easement. Staff is asking the Council to approve the plans and specifications drafted in-house and to authorize a request for quotes for the work. The estimated cost is about$30,000 and would be financed with the water utility capital fund. MOTION: Case moved, seconded by Aho, to approve plans and specifications and order request for quotes for I.C. 11-5796, East Staring Lane watermain extension project. Motion carried 5-0. 2. Adopt Resolution No. 2011-60 Awarding Construction Contract for Valley View Road/Prairie Center Drive Intersection Improvements City Engineer Rod Rue said sealed bids were taken for this project last Thursday. The item would have been on the Consent Calendar but because of the State shutdown and some issues with testing that MnDOT would normally have done, the City Attorney advised we have language in the contract to limit our liability for claims against the State shutdown. Rosow said they added the item to give a little clarification that there will be no ramification for delay damages attributable to the shutdown. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-60 awarding construction contract for I.C. 10-5782 (Valley View Road/Prairie Center Drive intersection improvement project) to Northwest Asphalt, Inc. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 5- 0. Mayor Tyra-Lukens adjourned the meeting at 9:12 PM.