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City Council - 12/03/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 3, 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, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said 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 Department 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 to the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added a report on the 494 Corridor under Item XIII.A. Rosow added a report on the Flying Cloud Airport Agreement under Item XIII.I. MOTION: Mosman moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD NOVEMBER 12, 2002 MOTION: Mosman moved, seconded by Butcher, to approve as published the minutes of the Council Workshop held November 12, 2002. Motion carried 5-0. B. CITY COUNCIL MEETING HELD NOVEMBER 12, 2002 MOTION: Luse moved, seconded by Case, to approve as published the minutes of the City Council Meeting held November 12, 2002. Motion carried 5-0. CITY COUNCIL MEETING December 3, 2002 Page 2 C. COUNCIL WORKSHOP HELD NOVEMBER 19, 2002 MOTION: Case moved, seconded by Mosman, to approve as published the minutes of the Council Workshop held November 19, 2002. Motion carried 4-0. Luse abstained. D. CITY COUNCIL MEETING HELD NOVEMBER 19, 2002 MOTION: Case moved, seconded by Butcher, to approve as published the minutes of the City Council Meeting held November 19, 2002. Motion carried 4-0. Luse abstained. VI. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2002-185 EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA MOTION: Butcher moved, seconded by Case, to approve Item A of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS / MEETINGS A. RESOLUTION RELATING TO TAX INCREMENT FINANCING PLAN (QUALIFIED HOUSING) DISTRICT 19 City Manager Scott Neal said he received communication today from North American Properties withdrawing their request and interest in the tax increment financing that was the subject of this public hearing. He added that it would be Staff's intent, however, to continue to pursue affordable housing in Southwest Station project and bring this back to the Council at a future date. MOTION: Case moved to close the Public Hearing, noting that the developer's intent was to withdraw the request for the affordable housing, and moved to direct Staff to pursue the original goals. Seconded by Mosman, motion carried 5-0. B. BRYANT LAKE HEIGHTS by James Perkins. Request to amend that certain Developer’s Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights, amendment of Exhibit C, paragraph XIII of the Developer’s Agreement, by deleting the requirement that all structures on Lot 2, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. Location: 7012 Willow Creek Road. City Manager Scott Neal stated that official notice of this public hearing was published in the November 21, 2002, Eden Prairie News and sent to 14 property owners. He said James and Raynelle Perkins want to amend that certain Developer’s Agreement entered into on or about August 3, 1999 between the City of Eden Prairie CITY COUNCIL MEETING December 3, 2002 Page 3 and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C, paragraph XIII of the Developer’s Agreement by deleting the requirement that all structures on Lot 2, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. Neal said Staff recommends the developer's agreement be amended as proposed for the following reasons: 1. The decision of the District Court to allow the existing house to remain was an affirmative decision which would make it extremely difficult if not impossible for Perkins to perform on the condition of the developer agreement to have the existing house torn down on Lot. 2. 2. The decision of the Board of Appeals and Adjustments to approve additions to the existing house on Lot 2 was an affirmative decision that would make it extremely difficult if not impossible for Perkins to perform on the condition of the developer agreement to have the existing house torn down on Lot 2. 3. The decision of the City Council to approve a variance for a 75-foot setback from the lake for a new house on Lot 2 was an affirmative action that would enable the removal of the existing house on Lot 2, thus allowing Perkins to build a home on Lot 1 and Lot 3. 4. Building a new house on Lot 2 pursuant to the variance would be consistent with the approved 75-foot setback of the August 3, 1999 agreement. 5. Building a new home on Lot 1 and Lot 3, at a setback of 100 feet from the lake would be consistent with the August 3, 1999 agreement and City Code. Neal said Staff also recommends the following conditions for building permit issuance for Lot 1 and Lot 3: 1. The old shed and the lumber pile on Lot 3 are removed prior to issuance of any building permits for Lot 3. 2. The cottage on Lot 2 should be removed prior to issuance of any building permits for Lot 1. Mike Franzen noted that Staff recommendations were prepared jointly with the recommendation advice from the City Attorney and Council on this matter. Jeff Olson of 7010 Willow Creek Rd., representing Perkins, said tonight is a formality of approval. He noted the history of this project and commended Staff on the report. He said he is concerned about clarification on removal or destruction of structures, asking for exception for the driveway permit for across Lots 3 and 2 to Lot 1; and also exception of the permit for the drain field for the septic system prior to removing the building. Olson asked for an exception regarding the lumber pile, that it not be removed. There was no further public comment. MOTION: Case moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. CITY COUNCIL MEETING December 3, 2002 Page 4 Case said the only role that the Council played in preventing the Perkins' from performing was the gazebo, and he did not vote for the original agreement because he has concerns about the shared septic system. Because of potential damage to the septic and driveway issues, he said he is not in support of this. He said the Bergland house is not a Council issue. Luse said he has concerns about setting a precedent, and Council has an attorney opinion and Staff recommendation on this, so he recommends voting it down. Tyra-Lukens said this proposal has required much extensive discussion and time so far and the removal of the structure on Lot 2 was a prominent part of the discussions and not an afterthought. She said the issues of the driveway and septic system are critical factors and it's important that Council sticks to its guns. Rosow said if Council is not planning to approve this request tonight, he recommends Council direct Staff to prepare findings supporting a denial of request. He said the findings will be brought to the Council. He said he would anticipate including an option in the motion for the gazebo so as to clarify actions. Luse noted that it's important that Council actions are consistent with overall history of this property. MOTION: Case moved to direct Staff to develop written findings for denial and bring them back to Council at the next meeting, along with alternatives with respect to the gazebo. Seconded by Butcher, motion carried 5-0. C. HENNEPIN VILLAGE RLS by The Pemtom Land Company. Request for an RLS subdivision of 102 acres into 2 lots. Location: Part of Tract D of RLS No. 1667. (Resolution No. 2002-186 to Approve Registered Land Survey) City Manager Scott Neal said official notice of this public hearing was published in the November 21, 2002, Eden Prairie News and sent to 9 property owners. He said Dan Herbst, Pemtom Land Company, wants to purchase land from Lynn Charlson. A registered land survey is required. The survey shows 102 acres divided into Tract A (29.70 acres) and Tract B (73 acres). Both tracts meet the 10 acre minimum lot size in the rural zoning district. The Community Planning Board voted 9-0 to recommend approval of the project to the City Council at the November 25, 2002 meeting. The staff recommends approval of the project based on plans dated November 22, 2002, subject to the recommendations of the Staff Report dated November 22, 2002. There were no public comments. MOTION: Case moved, seconded by Mosman, to close the Public Hearing and adopt Resolution No. 2002-186 for Registered Land Survey of 102 acres into two tracts. Motion carried 5-0. CITY COUNCIL MEETING December 3, 2002 Page 5 VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, 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.” IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Mosman reported that an update on the 494 Corridor was given at the November meeting and the retaining wall at West Bush Lake Road is 3/4 done; the additional lanes between East Bush Lake Road and Highway 212 has been done; and the additional lanes between East Bush Lake Road and Highway 100 has been scheduled for late 2004. She said the timeline is uncertain because it depends on the Federal Highway Administration Award, and completion of the project will include an additional lane in each direction, expansion of auxiliary lanes, and there will be exits off 494 at East Bush Lake Road in both directions. She also said there is an effort to keep this as a priority and a public relations firm has been hired. Luse said he will not be at the next meeting. He added he has appreciated his colleagues and also the chance to serve as a councilmember for Eden Prairie. Tyra- Lukens said it's been a pleasure working with Luse and thanked him for his work on the Council. 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 POLICE CHIEF G. REPORT OF THE FIRE CHIEF H. REPORT OF MANAGEMENT AND BUDGET DIRECTOR CITY COUNCIL MEETING December 3, 2002 Page 6 I. REPORT OF CITY ATTORNEY Rosow stated that today the Planning and Environment committee of the Metropolitan Airport Commission met to consider recommendation to the full commission on the agreement between the City and MAC on airport operations with respect to amendment to Ordinance 51, and approval of a memo of understanding with respect to infrastructure improvements, roads, utilities, streets, sewer access charges, assessments and park property. He said the committee chair commented in support of the City agreements and Staff recommendations. Rosow said the committee complimented this Council. He said Northwest Airlines representatives spoke in opposition. He said the committee voted unanimously to recommend full approval to the board, and the board will meet Dec. 16 at 1 p.m. to take action. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:58 p.m.