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City Council - 09/03/2019APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, 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, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT $500 DONATION FROM RENEWAL BY ANDERSEN FOR ARTS IN THE PARK (Resolution No. 2019-91) Lotthammer reported we have received a donation of $500 from Renewal by Andersen for the Arts in the Park program. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-91 accepting the donation of $500 from Renewal by Andersen to go towards Arts in the Park. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson added Item XIV.A.1. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES CITY COUNCIL MINUTES September 3, 2019 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 13, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 13, 2019 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, August 13, 2019, and the City Council meeting held Tuesday, August 13, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ARBY’S by Arc Vision. Site Plan review on 1.15 acres and development agreement (Resolution No. 2019-92 for Site Plan Review) C. ADOPT RESOLUTION NO. 2019-93 APPROVING FINAL PLAT OF CASTLE RIDGE 3RD ADDITION D. ADOPT RESOLUTION NO. 2019-94 APPROVING FINAL PLAT OF SHELDON PLACE E. APPROVE REASONABLE ACCOMODATIONS POLICY F. AUTHORIZE PURCHASE OF A NEW 2020 CHEVROLET TAHOE SPECIAL SERVICE VEHICLE G. APPROVE PURCHASE OF ELECTRONIC ENTRANCE SIGN FOR THE COMMUNITY CENTER H. AUTHORIZE ENTERING INTO SETTLEMENT AGREEMENT AND RELEASE WITH HAMMEL, GREEN AND ABRAHAMSON, INC. I. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH BRAUN INTERTEC CORPORATION FOR THE CITY’S NEW DRINKING WATER RESERVOIR AND PUMP STATION J. APPROVE CHANGE ORDER NUMBER 1 TO CONSTRUCTION CONTRACT WITH RICE LAKE CONSTRUCTION GROUP FOR GROUND STORAGE WATER RESERVOIR AND PUMP STATION Freiberg asked for clarification of Item VIII.H. Getschow replied that item is a follow-up to close out the agreement with the architect on final costs for the Community Center aquatics addition. CITY COUNCIL MINUTES September 3, 2019 Page 3 MOTION: Aho moved, seconded by Narayanan, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. HIGHLAND OAKS by Wooddale Builders. Resolution 2019-95 for PUD concept review on 9.73 acres; First reading of an ordinance for PUD District review with waivers and zoning district change from R1-13.5 TO R1-9.5 ON 9.73 acres; Resolution 2019-96 for preliminary plat on 9.73 acres (Ordinance for Zoning District Change; Resolution No. 2019-95 for PUD Concept; Resolution No. 2019-96 for Preliminary Plat) Getschow said Wooddale Builders is requesting approval of a subdivision of a 9.73- acre property into 17 single family lots and 1 outlot. The property is located at 7120 Gerard Drive, west of Sleepy Hollow Lane and north of Roberts Drive. The project proposes the extension of a public street off Gerard Drive providing a cul-de-sac into the project area. There is a second cul-de-sac proposed allowing access to the western most lots. The applicant is proposing villa style homes that offer single level living. The lots range in size from 10,277 square feet to 31,840 square feet, with an average lot size of 15,786 square feet. The proposed density is 1.74 units per acre. The project area also includes an outlot that is proposed to be deeded to the City for preservation of the wetland area. Steve Schwieters, Wooddale Builders, gave a PowerPoint presentation of the project. He noted Wooddale Builders has done a lot of different developments in the City of Eden Prairie, including Creek Knolls and Bearpath. The homes in the Highland Oaks project will range from 3400 to 4000 square feet, and most will have finished basements. He reviewed concerns expressed at the neighborhood meeting regarding the number of trees to be removed for the project, the density, the amount of dirt to be removed, and saving one of the trees. He reported they are working with staff to get approval for grading and to go through the steps required to resolve the issue regarding the legal description of the property. They hope to have that done in 45 days. He reviewed the project layout and displayed proposed elevations of the homes. The homes will be custom designed and built and will be similar to other recent projects they have built in Bloomington in the river bluff area and in Plymouth. All of the homes will have 2-1/2 or 3-car, side-loaded garages, and they have requested a 25-foot setback to accommodate those. Nelson was concerned about the three 55-inch heritage trees that will be removed. She asked Mr. Schwieters to point out the locations of those trees and to explain why they had to be removed. Robert Molstad, project engineer, replied he would look at his maps to locate the trees and report back. Nelson commented a developer who presented recently was putting elevators into multi-story properties and asked if they will consider including elevators. Mr. Schwieters said all of the homes will be custom designed, so elevators would be an CITY COUNCIL MINUTES September 3, 2019 Page 4 option. Nelson then asked if all the homes will have basements, to which Mr. Schwieters replied they will. Aho noted questions were raised by residents regarding water runoff from the project, and asked how the alterations for this development will impact the current situation. Mr. Schwieters replied the project engineer worked with staff to address the drainage issues because there are definite drainage issues in the neighborhood. Aho suggested it would be good for others to hear about the process they went through to address the drainage. Aho pointed out there were concerns from residents regarding traffic, both during and after construction. He asked if there were any traffic studies conducted. Ellis replied traffic studies are usually not done for a small subdivision such as this. Staff generally estimates about ten trips per day for every home added in a project, which will not result in a heavy impact on traffic volumes in this area. Roberts Drive is the main access road in and out of the area, and this project will have two access points going into it. The traffic volume expected for this development is fairly typical for a subdivision, and he did not think the increased traffic will be an issue. Aho noted there is a general lack of storm drainage on Gerard, and in the winter it gets icy going down the hill on that corner. He asked if the City would consider coordinating with this project to try to mitigate the drainage issues. Ellis replied anything south of this project would be a separate issue for the City to address. There may be an opportunity at the entrance point to have a small extension of the storm sewer to help alleviate the spot on Gerard where water pools. Aho stated he has heard generally positive comments about the nature of the development: however, the quantity of houses was a negative aspect. He asked proponent if they looked at the economics of doing fewer lots. Mr. Schwieters explained in most cases the buildings won’t be bigger than 48 x 42 feet, and there will be 36 feet between buildings. The trees will come down, and there is nothing they can do about that. Aho asked Mr. Schwieters to comment on the location and height of the retaining wall. Mr. Schwieters pointed out the location on the site map and explained there will be a two-step wall to make it more attractive. Mr. Molstad said the walls will be 10- 12 feet high. Nelson asked if there will be curb and gutter in the development. Mr. Molstad replied there will be. Mr. Molstad reviewed the heritage trees to be removed, noting one would be removed from the infiltration basin, and one would be located too near the home on Lot 6 to save. Nelson said she would like to save the bur oak at least. Mr. Schwieters responded oaks are a very sensitive tree, especially their root system. CITY COUNCIL MINUTES September 3, 2019 Page 5 Mr. Molstad reviewed the water runoff for the site and noted they worked with the Watershed District on the grading for the project. He reviewed the three areas of drainage in the project and said they will not be grading down to the bottom of the ravine. There will be catch basins to collect the water down to Gerard. Aho asked if it was the proponent’s opinion that the proposed drainage will be an improvement over the current situation. Mr. Molstad replied that was correct. Mr. Schwieters further explained all the homes will have full gutters and downspouts to catch water. Some of the drainage will be piped to the storm sewer drain pipe. Narayanan asked if the traffic capacity on the curved street and children playing in that area would create a problem. Ellis replied staff does not see traffic issues because of the curve, and every residential area has the potential for incidents with children playing. Narayanan then asked if there would be a potential for water runoff into neighboring lots during the construction phase and if that could be prevented. Mr. Molstad responded they will set up a temporary basin and expect to be able to manage the runoff quite well. Narayanan asked how long it will take to construct the project and what can be done to mitigate noise during the hours of construction. Mr. Schwieters replied the typical construction time is seven months. He commented his firm has constructed many homes and has done tear-downs in areas such as Edina. They deal with this type of situation every day; furthermore, this project has two cul-de-sacs so construction will be contained within the project. He cautioned they do start work at 7:30 a.m. and may work on Saturday, depending on the time of year and the type of work. Freiberg asked about the elevation of the retaining walls. Mr. Schwieters replied the walls will be very similar to each other. David Ringsmuth, 13166 Beehive Court, said he lives on the south side of the development, and children in the neighborhood have no sidewalks to walk on. He asked if something could be done to increase awareness of the children in the area, perhaps installing a “Children At Play” sign. He noted his backyard is next to the berm, and he believed the pond for this development that does not do anything to improve water drainage in the area. Jennifer Prince, 13190 Beehive Court, said her house is located behind Lots 4, 5 and 6. She believed this development would be a good opportunity to continue the path on the Nine Mile Creek Watershed property. Aho asked Ms Prince if she was referring to the place where path goes due west between Kerry Lane and Sandridge. Ms Prince said there is a path there now, and it would be nice to extend it. Aho questioned who would pay for that since it is not on the proponent’s property. Maria Ringsmuth, 13166 Beehive Court, asked the developer to reduce the development by one home in order to save the bur oak on Lot 6. She also asked the developer to plant the biggest trees possible to help with the drainage situation because trees help to absorb water and will help the drainage in the area. CITY COUNCIL MINUTES September 3, 2019 Page 6 Stephanie Combey, 12965 Gerard Drive, expressed concern about safety of the road because there will be more traffic. There may also be issues with icing near the bus stop on Gerard, especially as more young families move into the area. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Case reported Council Member Aho and he walked through the neighborhood, and it was clear the big issues were the water, the tree loss, the density and the path. It appears there are pieces of the traffic and water issues that are not connected to this development. People were talking about the issue at the corner of Gerard and Roberts. That intersection is a difficult one and can be difficult to enter at times. There is an issue of speed of traffic through there, and there may be an issue of this development further exacerbating the issue. He would like staff to address that. Ellis suggested it would be good to have staff and the developer looked at extending the storm sewer to that intersection. Case suggested that might be put as a condition of approval. He commented there are about 30 places in the City that ice over quickly, and this is one of those places. It is at the top of a hill and is dangerous. Case commented he does not have an issue with the density. We have projects like this across the City, and ten car trips per household per day will not add a lot of volume. There is no curb and gutter now. Stormwater drainage is an issue, and he would like to have that looked into. When projects like this come up and highlight some of these pre-existing issues, we have an opportunity to discuss them. Case asked if extending the path would require an easement across the Nine Mile Creek Watershed District property. Recent City Councils have always prioritized connecting neighborhoods, and this is an opportunity to connect the trail system. Lotthammer responded additional property would not be needed to add a path on the north side because we own that property and could work with the Watershed District on the project. About 1,000 feet of path would be needed to connect to the existing hard surface path. Staff estimated $150-175,000 to do the project. We do have a master plan that ranks trail linkages such as this. There are other projects ranked higher; however, this connection could be made later. Case asked if that meant nothing would be needed from this project to extend the path. Lotthammer replied we would not need an easement from this developer. Freiberg asked if work cutting around tree No. 142 would affect the life of the tree and if that tree is located behind Lot 4 or 6. Mr. Molstad replied it would affect the tree, and the tree is located behind Lot 6. Freiberg followed up by asking if there is any way to save the tree by shifting the placement of the structure on the lot, knowing there are not many 53 inch oak trees around the City. Mr. Molstad replied they could look at it again and could possibly tailor a custom house to allow more room for the tree. Freiberg stated he would like some serious consideration given to saving that tree. CITY COUNCIL MINUTES September 3, 2019 Page 7 Nelson asked if the homes might be sold to individuals who are not seniors and if they will have any age limitations. Mr. Schwieters expected most of the buyers would be 55 and older; however, kids come home and grandkids visit. He said there would be no age limitations. In response to an earlier suggestion to extend the storm sewer to Gerard, Mr. Molstad explained they met with City staff and determined that fix was not doable because the storm sewer would have to come down too far from Gerard. Aho said it seemed the water issue is one of the largest concern for the residents. The developer is addressing all the water issues on the site and he believed that will improve the water situation for neighbors near the project. There is a water issue on the property at Gerard and Beehive Court where the water runs over the curb and the grass into the garage. He believed the City needs to address the issue, but felt that is not part of this development. He commented there are always concerns about safety and traffic, but he thought that is also outside the purview of this project. He understood some people don’t like the density; however, it is pretty comparable to other developments. He did not want to see a high disparity in density between areas within a neighborhood, but he believed this project is not overly dense. Narayanan requested the developer work with staff to figure out what can be done with concerns about the traffic and the water. The infiltration basin will hold and drain many inches of water, so there should not be a problem with mosquitoes. Case said we can, as a Council, decide we want something, and we can direct staff to do it; however, it is different to say we need to save the trees. We try to save every tree and have done so since 1995; however, we run a risk of trying to save one tree. We don’t know enough about the dynamics of this, but we do trust staff to understand it. He also wanted people to understand what to expect with this project as they begin moving 45,000 cubic yards of sand. Mr. Schwieters said they estimate the shortest time for moving the dirt would be three weeks. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2019-95 for Planned Unit Development concept review on 9.73 acres; to approve the first reading of the ordinance for Planned Unit Development district review with waivers on 9.73 acres and a Zoning District change from R1-13.5 to R1-9.5 on 9.73 acres; to adopt Resolution No. 2019-96 for a preliminary plat of one lot into 17 lots and 1 outlot on 9.73 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to authorize the issuance of an early land alteration permit for Highland Oaks at the request of the developer, subject to the conditions outlined. Motion carried 5-0. Case summarized the separate issues for staff regarding the intersection of Gerard and Roberts and the options to control water runoff not connected to this project. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES September 3, 2019 Page 8 MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Tornado Warnings in City – Council Member Nelson Nelson asked why residents got mixed messages about the tornado warning in the area last night with a warning on their cell phones but with no sirens going off in the City. Parents were especially concerned about the situation because it happened the night before school started. She asked how these warnings could be coordinated. Fire Chief Gerber explained the sirens are controlled by the Hennepin County Communications Center. The National Weather Service can be more specific now so the outdoor warnings do not have to occur throughout the County. There are different phone technologies, different apps, and several different service providers for cell phones. Nelson asked if it would be safe to say we should listen to our local sirens first. Chief Gerber replied those who are outdoors should pay attention to the sirens, but residents should look at all the tools available to make decisions. Freiberg asked if we have proved that all the sirens work. Gerber replied they are tested on a regular basis. B. REPORT OF CITY MANAGER 1. Resolution No. 2019-97 Certifying the Proposed 2020 Property Tax Levy, Accepting the Proposed 2020 Budget, Setting the Date for Public Hearing, and Consenting and Approving the HRA Tax Levy Getschow explained the Council must set the preliminary property tax levy by September 30, 2019. The property values are set for notices to be sent out in November. There will be minor changes throughout the rest of the year until the final levy and budget is approved in December. Property owners will be sent a notice regarding the meeting to set the final budget in December and inviting CITY COUNCIL MINUTES September 3, 2019 Page 9 them to come and make comments on the budget. Tonight the levy needs to be set at $39,621,102, a number that could be lowered but not raised at the December meeting. Getschow explained the general fund levy being proposed will enable the City to meet all the goals set out for the year, all the general delivery of services, and the goals for all of the City departments. He pointed out the impact on property tax is negligible: the proposed budget is a 3.1% increase and the levy is a 3.4% increase. The average in ten similar cities is in the 5-6% range. Case noted in addition to being one of the lowest levies around, it provides the services and tax base the City needs. Over the last few months there have been multiple meetings to produce the proposed budget. A budget begins to be a reflection of our values as a City Council and those of our community. We are doing our best to represent the people of Eden Prairie. He appreciated the time staff has put in to prepare the budget. Nelson commended staff for creating the kind of budget that helps us to provide excellent services for the City with minimal tax increases. It is not a miracle, rather it is just hard work. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2019-97 that: certifies the proposed 2020 property tax levy to be $39,621,102; sets December 3, 2019, as the meeting which will include discussion of the budget and provide for public comment; accepts the proposed 2020 budget of $51,610,456; and consents and approves the HRA tax levy of $200,000. Motion carried 5-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 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: Freiberg moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:32 p.m.