HomeMy WebLinkAboutCity Council - 10/15/2013 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, OCTOBER 15, 2013 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, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay
Lotthammer, Finance Director Sue Kotchevar, 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. Council Member Case was
absent.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE
EDEN PRAIRIE EAGLES HIGH SCHOOL MARCHING BAND
Mayor Tyra-Lukens read a proclamation proclaiming October 28, 2013, as Eden
Prairie Eagles Marching Band Day. She presented the proclamation to
representatives of the band.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Getschow said there are changes on goldenrod paper for Item VIII.J., Item IX.C., and Item
XIV.C.1. An additional item, Item VIII.K., on goldenrod paper was added to the Consent
Calendar.
MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion
carried 4-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2013
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MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council
workshop held Tuesday, October 1, 2013, as published. Motion carried 3-0-1, with
Tyra-Lukens abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2013
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of
the City Council meeting held Tuesday, October 1, 2013, as published. Motion
carried 3-0-1, with Tyra-Lukens abstaining.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2013-88 APPROVING FINAL PLAT OF CITY
WEST CORPORATE 2 ND ADDITION
C. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services,
Inc. Second Reading of Ordinance No. 16-2013-PUD-8-2013 for Planned Unit
District Review and Zoning District Amendment within the Office Zoning District
on 71 acres. Location: 11155 62nd St W. (Ordinance No. 16-2013-PUD-8-2013
for PUD District Review and Zoning District Amendment)
D. PEOPLE'S ORGANIC COFFEE & WINE BAR by WCL Associates. Second
Reading of Ordinance 17-2013-PUD-9-2013 for Planned Unit District Review with
waivers and Zoning District Amendment within the Commercial Regional Service
Zoning District on 1.25 acres and Resolution 2013-89 for Site Plan Review on 1.25
acres. Location: Corner of Prairie Center Drive & Valley View Road. (Ordinance
No. 17-2013-PUD-9-2013 for PUD District Review and Zoning District
Amendment, Resolution No. 2013-89 for Site Plan Review)
E. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR OLYMPIC HILLS GOLF COURSE
STORMWATER IMPROVEMENT PROJECT
F. AWARD CONTRACT TO EUELL'S MANUFACTURING CO. INC. FOR
PURCHASE OF MATERIALS FOR RECONSTRUCTION OF 168Tx
AVENUE RETAINING WALL
G. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD SOUTH
ACQUISITIONS
H. APPROVE THE UPDATED CAPITAL ASSET POLICY
I. APPROVE LETTER OF AGREEMENT WITH HEALTHPARTNERS FOR
EMPLOYEE HEALTH INSURANCE
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October 15, 2013
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J. APPROVE AGREEMENT WITH COMPASS CONSULTING FOR PHASE 2
SERVICES FOR EXPANSION OF THE FIBER OPTIC NETWORK TO
CITY REMOTE SITES
K. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR
CONSTRUCTION SERVICES FOR PHASE 2 OF THE FIBER NETWORK
EXPANSION PROJECT
MOTION: Aho moved, seconded by Nelson, to approve Items A-K of the Consent
Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. RESOLUTION NO. 2013-90 APPROVING ALL SPECIAL ASSESSMENTS
PRESENTED IN THE FALL OF 2013
Getschow said each year the City Council holds a public hearing to consider
levying the Special Assessments that have been identified over the previous 12
months. This year, the Council will address a list of supplemental assessments
such as trunk assessments and contracted removal assessments. He noted almost
80% of the assessments were due to the recent project at Reeder Ridge. The City
Council establishes the assessment amount and conducts the hearing for the special
assessments. The assessments are levied on the properties for the following year.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Butcher-Wickstrom, to close the public
hearing for the approval of the 2013 Special Assessments, and to adopt Resolution
No. 2013-90 approving all Special Assessments presented in the fall of 2013.
Motion carried 4-0.
B. RESOLUTION NO. 2013-91 VACATING DRAINAGE AND UTILITY
EASEMENTS AS DEDICATED IN PLAT OF LOTS 3 AND 4, BLOCK 2,
CEDAR HILLS WEST
Getschow said the property owners have requested the vacation of the drainage and
utility easements to facilitate the plat of Reeder Ridge for new home construction.
The drainage and utility easements to be vacated were originally dedicated with the
plat of Cedar Hills West. New drainage and utility easements will be dedicated
with the plat of Reeder Ridge. The release of the resolution vacating the drainage
and utility easements shall be conditioned on the recording of the plat of Reeder
Ridge.
There were no comments from the audience.
MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to
adopt Resolution No. 2013-91 vacating the drainage and utility easements as
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October 15, 2013
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dedicated in the plat of Cedar Hills West embraced within Lots 3 and 4, Block 2,
Cedar Hills West, Hennepin County, Minnesota. Motion carried 4-0.
C. ST. ANDREW HAVEN by J. David Management, LLC. Request for Planned Unit
Development Concept Review on 1.716 acres, Planned Unit District Review with
waivers on 1.716 acres, Zoning District Change from R1-22 to R1-13.5 on 1.716
acres and Preliminary Plat of 1.716 acres into 4 lots and 1 outlot. Location: 13618 St.
Andrew Drive. (Resolution No. 2013-92 for PUD Concept Review, Ordinance for
PUD District Review and Zoning District Change, Resolution No. 2013-93 for
Preliminary Plat)
Getschow said official notice of this public hearing was published in the October 3,
2013, Eden Prairie News and sent to 76 property owners. This development proposes
creation of 4 single family lots and an outlot. The outlot will be deeded to the City
for protection of the wetland area. The net density of the project is 2.67 units per
acre. Waivers to lot frontage, lot width and setbacks are being requested. The
Planning Commission voted 8-0 to recommend approval of the project at the
September 23, 2013 meeting.
Peter Knaeble, representing Terra Engineering, said they are requesting setback
variances because of the unique shape of the property. The variances will allow them
to keep the houses closer to the street and to keep some trees in the rear. He said the
prices of the homes will range from $425,000 to $575,000.
Tyra-Lukens asked if the developer plans to save all of the trees that provide a great
barrier along Baker Road. Mr. Knaeble said they intend to save all of the trees.
Nelson was concerned about the five foot setback for Lot 2 as that seems to be very
close to the other home, especially for the large homes they plan to build. She asked
about the justification for moving from a ten foot setback to a five foot setback. Mr.
Knaeble said they are trying to use standard home packages, and the smaller setback
will allow them to do that. Nelson said she believes that setback is too close for the
large homes they propose, and she was not willing to support that. She asked about
Lot 1. Mr. Knaeble said Lot 1 is near an open area. He said the home could be
pushed back five or ten feet. The bulk of the tree mass would be on Lots 1 and 2, and
they would have to take additional trees down if the house were moved back.
Aho asked if the home on Lot 2 could be shifted a little more to the northeast or if
they could do 7-1/2 foot setbacks for each of the two homes. Mr. Knaeble said that
would be fine with the proponent.
Tyra-Lukens asked about the driveway locations. Mr. Knaeble said they could be
moved because all of the homes will be custom designed.
Nelson said for 20 years Eden Prairie has kept our setbacks at ten feet for large
homes unless we are trying to do something special. She was concerned that a
precedent would be set that could result in five-foot setbacks everywhere, and she did
not see any mitigating reason for the five-foot variance for this one. She thought
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these custom-built homes could be made five feet narrower.
Getschow said this is a plat and hasn't been developed yet. The property lines haven't
been drawn so they may have room to maneuver the property lines. Tyra-Lukens
asked if that was something that could be done at second reading. Getschow said that
was correct.
Jeremiah said it would also be possible to condition the variance on that portion of
the house that is the garage.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public
hearing; to adopt Resolution No. 2013-92 for Planned Unit Development Concept
Review on 1.7 acres; to approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning District Change from R1-
22 to R1-13.5 on 1.7 acres; to adopt Resolution No. 2013-93 for Preliminary Plat
on 1.7 acres into 4 lots and 1 outlot; and to direct staff to prepare a development
agreement incorporating staff and commission recommendations and with the
Council condition that Lot 2 have at least a ten foot setback. Motion carried 4-0.
X. PAYMENT OF CLAIMS
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of
claims as submitted. Motion was approved on a roll call vote, with Aho,Butcher
Wickstrom, Nelson, and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. RESOLUTION NO. 2013-94 APPROVING SUBMITTAL OF I-35W/I-494
INTERCHANGE IMPROVEMENT PROJECT FOR CONSIDERATION BY
THE STATE OF MINNESOTA 2013 CORRIDORS OF COMMERCE
PROGRAM
Getschow said Eden Prairie is being asked by the I-494 Corridor Commission to
pass a resolution supporting the I-35W/I-494 interchange improvements. The
improvement project would be part of the new Corridors of Commerce program
from the State of Minnesota. The program provides funding to larger highway,
transit and railroad corridors that are moving many goods and services through
Minnesota. While the physical location of these improvements would not be in
Eden Prairie, it would be a benefit to residents and the business community.
Aho said he is chair of the I-494 Corridor Commission, and one of his big priorities
with that organization is the I-35W/I-494 interchange. That interchange affects
many of our residents, and MnDOT does not have it on their schedule for
improvement. The new program offers hope we could gain funding for the project.
The I-494 Corridor Commission wanted to press forward with this to have cities
approve this letter and send the recommendation to MnDOT and Commissioner
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Zelle. He noted 500,000 vehicles travel through the interchange every day, and the
accident rate there is more than double the metropolitan average.
Tyra-Lukens commented it sounds like a worthwhile project and is just another in a
long string of needed transportation improvements.
MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No.
2013-94 approving the submittal of portions of the I-35W/I-494 interchange
improvement project for consideration by the state of Minnesota 2013 Corridors of
Commerce program. Motion carried 4-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Lease Assisnment for City Owned Property at 8098 Glen Lane (Ace Day
Care
Jeremiah said the current tenants of the property at 8098 Glen Lane are selling
the business to Roda Farrah Mohamed of Lighthouse Day Care. Ms
Mohamed is an Eden Prairie resident and has a lot of experience running a
day care. The current lease requires the City to approve any assignment. The
lease assignment would not change any terms of the agreement.
Tyra-Lukens said the City acquired the property because of improvements to
Singletree Lane,but she did not think the City should own it for any length of
time. She asked if the new tenants know that we intend to sell this in the near
future. Jeremiah replied the tenants are aware that the City may decide to sell
the property. She said we decided to hold it for a couple of reasons: the price
to pay for the right-of-way was very high, and we were not certain where the
LRT station and LRT parking might be located. The issue with the LRT does
not seem to be a factor now.
Tyra-Lukens asked if the property could be added to other property to do a
major redevelopment in the area. Jeremiah said it would be difficult to do
anything substantial on it other than redevelopment.
MOTION: Aho moved, seconded by Nelson, to approve the lease
assignment between the City of Eden Prairie and Lighthouse Daycare for
the City owned property located at 8098 Glen Lane. Motion carried 4-0.
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D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion
carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:34 PM.