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City Council - 08/06/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 6, 2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. EDEN PRAIRIE COMMUNITY BAND – PRESENTATION ON CHINA TRIP Representatives of the Eden Prairie Community Band presented to the Council photos, banners and a print they received from the People’s Republic of China on their recent trip. Band Director Marilyn Rateike showed a 9-minute video and spoke about the trip taken by 36 band members. IV. COUNCIL FORUM INVITATION 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 Service Area 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 the Council. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an Item under XIV.A. The agenda would therefore be amended to reflect item XIV.A.1. DISCUSSION ON SETTING A WORKSHOP DATE ON THE PROPOSED SMOKE-FREE AIR ORDINANCE. MOTION: Butcher moved, seconded by Luse, to approve the Agenda as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES August 6, 2002 Page 2 VI. MINUTES A. CITY COUNCIL WORKSHOP, JULY 16, 2002 MOTION: Case moved, seconded by Mosman, to approve as published, the Minutes of the City Council Workshop held July 16, 2002. Motion carried 3-0. Butcher and Tyra-Lukens abstained. B. CITY COUNCIL MEETING, JULY 16, 2002 MOTION: Mosman moved, seconded by Case, to approve as published, the Minutes of the City Council Meeting held July 16, 2002. Motion carried 4-0. Tyra-Lukens abstained. VII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2002-127 APPROVING FINAL PLAT OF HENNEPIN VILLAGE B. ADOPT RESOLUTION NO. 2002-128 APPROVING FINAL PLAT OF STONEGATE OF EDEN PRAIRIE C. HENNEPIN VILLAGE – WATSON PROPERTY by Pemtom Land Company. 2nd Reading for Planned Unit Development District Review with waivers on 30.17 acres, Zoning District Change from Rural to RM-6.5 on 1.87 acres, and Zoning District Amendment within the RM-6.5 Zoning District on 30.17 acres, and Site Plan Review on 1.87 acres. Location: 9782 Spring Road. (Ordinance No. 17-2002-PUD- 12-2002 for PUD District Review, Zoning District Change and Zoning District Amendment and Resolution No. 2002-129 for Site Plan Review) D. APPROVE CONTRACT WITH TERI KWANT FOR ARTIST DESIGN SERVICES OF THE JEAN HARRIS MEMORIAL PROJECT E. APPROVE CONTRACT AMENDMENT WITH MONTGOMERY WATSON FOR THE LOCAL WATER MANAGEMENT PLAN F. APPROVE CONTRACT TO REPLACE AND REPAIR THE ENVIRON- MENTAL LEARNING CENTER DESKS AND CABINETRY G. APPROVE CONTRACT WITH BURBACH AQUATICS LLC TO CONDUCT FEASIBILITY STUDY FOR A FAMILY AQUATIC CENTER) H. APPOINT CARI GRAYSON, ARTS & CULTURAL COMMISSION MEMBER TO THE CITY AND SCHOOL FACILITY USE ADVISORY COMMITTEE I. ADOPT RESOLUTION NO. 2002-130 APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE 2002 PRIMARY AND GENERAL ELECTIONS CITY COUNCIL MINUTES August 6, 2002 Page 3 J. ADOPT RESOLUTION NO. 2002-131 AUTHORIZING EXECUTION OF THE 2002 CDBG SUBRECIPIENT AND THIRD PARTY AGREEMENTS FOR PARTICIPATION IN THE URBAN COUNTY CDBG PROGRAM K. ANNETTE ESTATES by Annette Kaufman. Location: 14758 Staring Lake Parkway (Developers Agreement) L. HTG ARCHITECTS BUILDING by James Grover. Site plan review on .86 acres. Location: 9300 Hennepin Town Road (Resolution No. 2002-132 for Site Plan Review) M. AWARD CONTRACT FOR MITCHELL ROAD STORM SEWER IMPROVEMENTS TO KUSSKE CONSTRUCTION COMPANY, I.C. 01-5540 N. ADOPT RESOLUTION NO. 2002-133 AUTHORIZING CONVEYANCE OF PARCEL 05-116-22-44-0033 AS PUBLIC PROERTY UNDER THE CONTROL OF THE CITY OF EDEN PRAIRIE MOTION: Butcher moved, seconded by Mosman, to approve Items A-N of the Consent Calendar. Motion carried 5-0. XIV. A. REPORTS OF COUNCILMEMBERS 1. DISCUSSION ON SETTING A WORKSHOP DATE ON THE PROPOSED SMOKE-FREE AIR ORDINANCE. This item was heard out of order while Councilmembers waited until 7:30 p.m. when Tyra-Lukens announced a moment of silence would be observed. It was agreed to set a workshop to discuss the next phase of discussions on the proposed Smoke-Free Air Ordinance for Tuesday, September 17, 2002 at 5 p.m. Luse said he was concerned about possible legal fees being incurred by the City from potential lawsuits pertaining to the ordinance. He asked if the League of Minnesota Cities Insurance Trust would cover such costs so that taxpayers would not have to pay. Luse asked that this question be answered before the workshop. At 7:30 p.m., Tyra-Lukens announced that at the request of the mayor of Minneapolis, a moment of silence would be observed in honor of fallen Minneapolis Police Officer Melissa Schmidt who was recently killed in the line of duty. Tyra-Lukens noted the importance of all police, fire and emergency and medical personnel and how appreciated they are. VIII. PUBLIC HEARINGS / MEETINGS A. HOUND DOG PET HOTEL By David Hansen and Karen Jackson. Request for PUD Concept Review on 1.56 acres and PUD District Review with waivers on 1.56 acres, Zoning District Amendment within the Commercial Regional Service Zoning CITY COUNCIL MINUTES August 6, 2002 Page 4 District on 1.56 acres, and Site Plan Review on 1.56 acres. Location: 13013 Valley View Road. (Resolution No. 2002-134 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment within the Commercial- Regional-Service Zoning District) City Manager Scott Neal said Official notice of this public hearing was published in the June 27, 2002, Eden Prairie New and sent to 11 property owners. He said this project is a 10,500 square foot animal kennel located at 13013 Valley View Road. Access to this site and the other sites to the west and east will share a cross-access drive lane along the north portion of the properties. This drive lane will take access to a full intersection on Valley View Road at the northeast corner of the site. The existing right-in/right-out access serving the Children’s World Daycare will be eliminated. Upon development of the easterly property, the right-in/right-out access to Valley Sports and Travel will also be eliminated. Neal said the following waivers are required through the Planned Unit Development: Front yard setback to parking of 20 feet, City Code requires 35 feet; Wetland buffer width of 15 feet, City Code requires 25 feet: 21% of structure will be within the 15-foot structure setback (outdoor kennels only), City Code permits up to 10%. Neal said these waivers may have merit because the shared driveway lane is needed to accommodate cross access to all sites along Valley View Road in order to have access to the median opening; only the outdoor kennels are in a 25-foot buffer and the building is outside of this buffer; the kennels will be paved and drain to an interior sanitary sewer system; and there is no wetland alteration. He said to mitigate the wetland waivers, the landscaping plan has been revised to show the wetland buffer re-vegetated with a diverse mix of grasses, forbs, shrubs and trees. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the July 8, 2002, meeting. David Hansen and Karen Jackson were present. Hansen asked Council to approve the Hound Dog Pet Hotel with one amendment to the plan with respect to the easement that is to be built for access to the current service road. He said the driveway is premature and he and Jackson have concerns about what type of use the land to the east of their property will have as well as the traffic impact of that use. He asked Council to delay the new entrance and curb cut and requested that his business be allowed to use the existing entrance until use of land to the west of him has been determined. He said he feels it's unfair that he be asked to pay for all driveway improvements when it will also be used by other businesses. Neal said Staff has just become aware that the applicants were not in complete agreement with what was being proposed to the Council, and Staff proposes that either Council approves the proposal as submitted and approved by the Planning Board or table this item and allow more time to work with the applicants. Dietz noted that Staff and Council members received a letter from Mr. Hansen with additional information on this issue only an hour and a half ago. He said he is hesitant that everything could be worked out if first reading was allowed tonight, but there are CITY COUNCIL MINUTES August 6, 2002 Page 5 two choices: take the proponent up on his offer to approve it the way it was presented tonight or continue on. Mosman said the problem was that the timing was off, not allowing Council to ask more about the issue. Luse said he would not want to move the project along unless it's intact. He suggested the applicant accept approval as is and then take the time between first and second readings to speak with Staff. Franzen noted that because of State timeframes, Council would have to take action in approval of the first reading by the second meeting in August in order to complete the developer's agreement before the clock expires. There were no comments from the audience. MOTION: Butcher moved, seconded by Case, to close the Public Hearing and adopt the Resolution No. 2002-134 for Planned Unit Development Concept Review on 1.56 acres; and approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District amendment within the Commercial- Regional-Service Zoning District on 1.56 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. B. CRESTWOOD PONDS by Terry Vogt Homes, Inc. Request for rezoning from Rural to R1-13.5 on 5.32 acres and Preliminary Plat of 5.32 acres into 6 lots and road right-of-way. Location: 9617 Crestwood Terrace. (Ordinance for Zoning District Change from Rural to R1-13.5, and Resolution No. 2002-135 for Preliminary Plat) Neal said Official notice of this public hearing was published in the June 20, 2002, Eden Prairie News and sent to 39 property owners. He said this project is a subdivision of 5.32 acres into 6, R1-13.5 single family lots. The project is located at 9617 Crestwood Terrace. At the July 8, 2002 meeting, the Community Planning Board voted 7-0 to recommend approval of the project to the City Council. Neal stated at the public hearing, several residents expressed concern that approval of the project would cause their property values to increase significantly. On July 17, 2002 staff met with residents to discuss special assessments, property valuations, and taxes. See attached memo from Steve Sinell, City Assessor. All lots meet the size, dimension and setback requirements for the R1-13.5 zoning district. Sewer and water will be available to three of the proposed lots from the Crestwood Terrace Improvement Project. The developer will extend the street, sewer, water and trail to the other lots. There is no tree loss. There is no wetland fill. The wetland is located in an outlot and will be dedicated to the City. Paul Offerman of 9614 Crestwood Terrace was opposed to sewer and water running in front of his property. He also said he is not in favor of the walkway being CITY COUNCIL MINUTES August 6, 2002 Page 6 constructed on farmland which is what he has because he needs access to his crops. He asked if he would be required to mow 350' of lawn in front of his farmland Dietz said State law requires that adjacent properties are responsible to maintain the grass areas adjacent from their property to the roadway. Luse asked if it would be possible to move the walkway to the other side of the street. Dietz said the property on the south side has a creek crossing through it that ties into the trail and it would not be a good idea to jog the trail back and forth across the street. Tyra-Lukens asked Offerman if he'd be amenable to special assessments on his property to extend the trail across his property the entire length of the property at the time that he develops it. Offerman said he'd like to know what the numbers would be, but it would certainly be possible. Lynette Wheelock of 9576 Crestwood Terrace clarified that she and her husband are thrilled to have their property value increase, but the issue is that they would be assessed on a $1 million property without being able to tie into the services such as water. She asked if the developer could show the layout and show the two houses that are on both property lines that would meet the current neighbors on both sides, how far each house would be from the lot lines and what the City ordinance requires. Plans showed 15 feet on either side. Franzen stated that City Code is a combined setback of 25 feet. Jim Korman of 9651 Crestwood Terrace asked how soon houses would go in once water and sewer are in. He is concerned that residents have to endure a lengthy timetable of construction activity between the water and sewer hook-ups and construction of homes. Builder Terry Vogt said plans are to begin the first home in about 6-8 weeks, and sewer and water extension would be continued probably by the same crews currently working on sewer and water. Case said he believes there is no timetable requirement for builders with respect to construction phases, but there is an ordinance that can be enforced regarding hours of construction. MOTION: Mosman moved, seconded by Luse, to close the Public Hearing and approve 1st reading of the Ordinance for Zoning District Change from Rural to R- 13.5 on 5.32 acres; and adopt the Resolution No. 2002-135 for Preliminary Plat of 5.32 acres into 6 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES August 6, 2002 Page 7 IX. 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, Luse, Mosman, and Tyra- Lukens voting “aye.” X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. DISCUSSION ON SETTING A WORKSHOP DATE ON THE PROPOSED SMOKE-FREE AIR ORDINANCE. This item was heard following Item VII on tonight's agenda. B. REPORT OF CITY MANAGER 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 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:51 p.m.