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City Council - 02/15/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 15,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III. PRESENTATION ON 2000 CENSUS—CORAL HOULE, CHAIR OF THE HENNEPIN COUNTY COMMITTEE FOR CENSUS 2000 Coral Houle is the volunteer Chair of the Hennepin County Census Advisory Committee. Its purpose is to help make the 2000 census a success. She emphasized how important it is for people to complete and return their census forms. The level of funding each city receives is based upon total population figures in the census. The forms will be arriving in the mail in mid-March and are to be returned before April 1. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added Item VI.J., Approval of a Joint Powers Agreement for Hennepin South Services Collaborative. Butcher Item XIII.A.1.,Eden Prairie Foundation Ball. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 1,2000 Harris made a correction on page 5, paragraph 4, under Item IV. It should read "Regarding the discussion with the School Board, Mayor Harris said one Workshop of 2-4 hours would appear sufficient." CITY COUNCIL MINUTES February 15,2000 Page 2 MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Workshop held Tuesday, February 1, 2000, as published and amended. Motion carried 4-0,with Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 1,2000 Thorfinnson made a correction on page 5, under XH.A.l. It should read "The I- 494 Corridor Commission is organizing meetings of city representatives with congressional delegations on the issue of I-494." Harris made corrections on page 6. Paragraph 3, sentence 3 should read "However a Council representative could make a summary statement of the city's position." The first sentence in paragraph 5 should read". . . and asked for a volunteer to make a summary statement." MOTION: Thorfinnson moved, seconded by Case,to approve the minutes of the City Council Meeting held Tuesday,February 1,2000, as published and amended. Motion carried 4-0,with Tyra-Lukens abstaining. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CSM/STARKEY OFFICE CENTER by CSM Equities, LLC. Request for Planned Unit Development Concept Amendment on 13.13 acres, Planned Unit Development District Review with waivers on 8.4 acres, Zoning District Amendment within. the I-5 Zoning District and Site Plan Review on 8.4 acres. Location: Flying Cloud Drive and Crosstown Circle. (Ordinance No. 4-2000- PUD-1-2000 for PUD District Review and Zoning District Amendment and Resolution No. 2000-30 for Site Plan Review) C. APPROVE DESIGNATION OF THE OFFICE OF ADMINISTRATIVE HEARINGS TO SERVE AS THE "HEARING EXAMINER" FOR LIQUOR VIOLATIONS D. APPROVE SECOND READING OF ORDINANCE NO. 7-2000 FOR A STREET NAME CHANGE FOR DELL ROAD SOUTH OF PIONEER TRAIL TO STABLE PATH E. AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT FOR A "CLEAN WATER PROJECT"WITH HAMLINE UNIVERSITY F. APPROVE CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE LANDSCAPING PLAN ALONG CSAH 4 (CSAH 1 TO TERREY PINE DRIVE,I.C. 52-153) (Resolution No.2000-31) G. AWARD CONTRACT FOR CONSTRUCTION OF WELL NO. 14 TO KEYS WELL DRILLING COMPANY,I.C. 99-5500 CITY COUNCIL MINUTES February 15,2000 Page 3 H. AUTHORIZE RESPONSE TO THE HENNEPIN COUNTY LETTER REGARDING DISPOSAL OF SURPLUS PROPERTY I. AUTHORIZE AGREEMENT WITH US WEST FOR 911 PSAP EQUIPMENT AND MAINTENANCE J. APPROVAL OF JOINT POWERS AGREEMENT FOR HENNEPIN SOUTH SERVICES COLLABORATIVE Case inquired about Item C. "Designation of the Office of Administrative Hearings" and asked who the examiner is. Rosow stated the State Office of Administrative Hearings is divided into areas of expertise. It would assign an administrative law judge, who will take testimony and then make a recommendation to the Council, which would accept or reject it. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve Items A-J on the Consent Calendar, as amended with the addition of Item J. Motion carried 5-0. VH. PUBLIC HEARINGS/MEETINGS A. SUNNYBROOK COVE by Taurus Properties. Request for Planned Unit Development Concept Review on 6.51 acres, Planned Unit Development District Review on 6.51 acres with waivers, Rezoning from Rural to R1-13.5 on 6.51 acres and Preliminary Plat on 6.51 acres into 15 lots. Location: 12640, 12550, 12500 Sunnybrook Road. (Resolution No. 2000-32 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution No. 2000-33 for Preliminary Plat) Enger said official notice of this public hearing was published on November 11, 1999, in the Eden Prairie News and sent to 114 property owners. Duane Dietrich explained that this project is for 15 single-family units located at 12640, 12550, and 12500 Sunnybrook Road. The development is adjacent to the Williams property to the north and the Post property to the east. The City wanted a connection to the north for development of the Williams property sometime in the future. As a trade-off, the developer agreed to eliminate the connection between the Post property and the developer's property. One issue was the number of trees to be removed. The property has hundreds of trees, most of which were proven to be valueless by the consulting forester and City forester and will be removed. The developer will plant seven trees per lot to replace the trees lost. Several meetings with City Staff have been held, at which Staff said if the developer would put in a temporary cul de sac, the City would try to obtain an easement from the Williams family. Dietrich doubted Williams would agree to that without a condemnation proceeding. Dietrich said Taurus would make the temporary cul de sac look as if it is permanent, with the hope that the City would CITY COUNCIL MINUTES February 15,2000 Page 4 write into the developer's agreement that, when property to the north is developed,whomever does that development would be required to tear out the cul de sac and repair the road, so people living adjacent to it would not be faced with the cost of a major reclamation project. The cul de sac would have a 25-foot radius. Uram said regarding zoning issues, the property being subdivided into 15 lots all meet zoning requirements except lots 5 and 6. All lots meet the City's setback requirement. Dietz said he and his staff would study the 25-foot radius cul de sac. The standard is 39 feet. Condemnation of the Williams property to acquire property to increase the radius may be expensive. Dietz said Staff would review these issues and provide a recommendation between the first and second reading. Dietz said regarding the roadway connection to this development, there are only three possibilities. One would be from the Darnel neighborhood, one from Highway 212, and the other from Sunnybrook Road. The City wants to disperse traffic, and it may not be practical to service this area from Highway 212. Residents of Sunnybrook Road have indicated they would not want a connection through this project. However, some type of road system will be needed to provide access to future development. A route for emergency vehicles will be needed, and in addition, a snowplow route, access to neighborhood parks and school bus routes need to be established. Transportation is the number one issue the City is faced with, so providing opportunities to disperse traffic is very important. Case inquired about other alternatives for access roads to the development. Dietz replied there are significant topographical differences to consider in that area, as well as wetlands on the north and west sides of the development. Lambert said the Planning Commission reviewed this development at its December 20 meeting and approved it on a 5-0 vote. Mayor Harris asked if anyone present wished to address the Council about this project. Laura Wicklander, 9264 Hearthstead Lane, said her property is behind the Sunnybrook Cove development. She has no problem with the plan. Her concern is that the noise level from Highway 212 may increase when the grove of trees is removed. Dietrich told Ms. Wicklander that when the houses in the development are built,they will provide a better noise buffer than the trees. Ms. Wicklander asked for the code covering construction work hours. Dietz told her Monday through Saturday, from 7 a.m. to 7 p.m. CITY COUNCIL MINUTES February 15,2000 Page 5 Ms. Wicklander said at the end of Princeton Road there is a sign saying "Future Development", and now she understands a road cannot go through there. Dietz said he was not aware of this sign,but will look into it. Lee Smith, 12500 Sunnybrook Road, said she has lived in the area for a long time. She said there is a road stubbed in at the east end of Princeton Road at Homeward Hills Road. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing. Motion carried 5-0. On the issue of the road, Mayor Harris said dispersing traffic is very important. She would like to see a road connection out of the development. The City has so many cul de sacs and so few ways to egress from them. The other Councilmembers agreed. There are several issues to be resolved. Case said one issue is the road connection, another is non-conformance of the cul de sac to City code, and a third is who would pay for those two items. Case said his concern is the perceived fairness to the landowners adjacent to the proposed cul de sac. If increasing the radius of the cul de sac causes a loss of land to the adjacent lots, he would prefer the City condemn the Williams property. Dietz said the cul de sac might not have to be symmetrical. It could be bigger on the east side if necessary and that would only affect one of the lots. Tyra-Lukens said she prefers that alternative to condemning the Williams property. Thorfinnson said in his opinion, the only question on equity is that the property owners adjacent to the cul de sac not have to bear the cost of reclamation in the future. The Williams property should absorb the cost. Dietz said the design of the connecting road has not been determined but there would be an opportunity to decide on the design. It looks like there's an opportunity to make a connection at Princeton Road. Tyra-Lukens said she agreed there should be a road connection out of the development. When the Williams property is developed, she is glad to hear there are three possible outlets, other than going out to Highway 212. Enger suggested Council have Staff work with the developer between the first and second reading. Council reached a consensus that access is needed, and Staff will work under Council direction to establish a through road. These properties being developed at the time and in the order they are will leave the developer and the City with less than perfect circumstances. A through road is needed and a temporary cul de sac. They will work on that and the tools necessary to do it, CITY COUNCIL MINUTES February 15,2000 Page 6 whether it is easements that are required or bonds to cover reconstruction of the road. Dietz said the City code does provide that roadways will be extended to distant property lines to accommodate extensions. Thorfinnson said the developer and Staff should work together before the second reading to design a temporary cul de sac wide enough for a car to turn around and to minimize the impact on the two adjacent property owners, and to design it to show a road will be going through in the future. Mayor Harris asked for appropriate signage that indicates there will be a road put through sometime in the future. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adopt Resolution No. 2000-32 for PUD Concept Review on 6.51 acres; and approve 1"Reading of the Ordinance for PUD District Review with waivers and Zoning District Changes from Rural to R1-13.5 on 6.51 acres; and adopt Resolution No. 2000-33 for Preliminary Plat on 6.51 acres into 15 lots; and direct Staff to prepare a Developer's Agreement incorporating Community Planning Board, Staff recommendations and Council concerns. Motion carried 5-0. B. IVERS ADDITION by Jerry Klooster. Request for Planned Unit Development Concept Review on 4.41 acres, Planned Unit Development District Review with waivers on 4.41 acres, Zoning District Amendment with waivers in the R1-22 Zoning District, and Preliminary Plat on 4.41 acres into 3 lots. Location: 17221 Terrey Pine Drive. (Resolution No. 2000-34 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 2000-35 for Preliminary Plat) Enger said official notice of this public hearing was published on January 13, 2000, in the Eden Prairie News and sent to 34 property owners. It was reviewed by the newly structured Community Planning Board, which carries out the function of the Parks and Recreation Commission. Glenn Fristad explained this project is a replat of two lots and one outlot into three single-family lots,resulting from the settlement of the estate of Tom Ivers. Uram said waivers were requested for lot width and setback for existing conditions. There is an existing house on each of the lots. The Community Planning Board voted 6-0 to recommend approval of the project based on four conditions. Mayor Harris asked if anyone wished to address the Council on the above proposal. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-34 for PUD Concept Review on 4.41 acres; and CITY COUNCIL MINUTES February 15, 2000 Page 7 approve 1" Reading of the Ordinance for PUD District Review and Zoning District Amendment within the RI-22 Zoning District on 4.41 acres; and adopt Resolution No. 2000-35 for Preliminary Plat on 4.41 acres; and direct Staff to prepare a Developer's Agreement incorporating Community Planning Board and Staff recommendations. Motion carried 5-0. C. EATON CORPORATION PUD by Eaton Corporation. Request for Planned Unit Development Concept Amendment on 25.37 acres, Planned Unit Development District Review with waivers on 25.37 acres, Zoning District Amendment within the I-5 Zoning District, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. (Continuance Requested) Enger reported that notice of this public hearing was published on January 13, 2000, in the Eden Prairie News and sent to 34 property owners. Uram said the proponents have requested continuance of the public hearing to the March 21,2000, Council meeting. MOTION: Thorfinnson moved, seconded by Case, to continue the Public Hearing to the March 21,2000, City Council meeting. Motion carried 5-0. D. VACATION 00-02 VACATION OF A DRAINAGE EASEMENT ON PART OF LOT 7,BLOCK 4, SETTLERS RIDGE (Resolution No.2000-36) Enger said official notice of this public hearing was published on January 27, 2000, in the Eden Prairie News and sent to 3 property owners. This easement was originally recorded by the Developer, separate from the final plat, in anticipation that final lot grading would direct surface drainage over a non- easement portion of the lot. Upon completion of the home on this lot and subsequent final grading, all drainage has been directed to the easement as originally provided on the final plat, negating the need for this additional easement. The property owner has now requested vacation of the additional easement. Mayor Harris asked if anyone wished to address the Council about this vacation request. Ivan Chavez 18679 Pathfinder Drive, said he bought the property on December 10, 1999, and that is when he learned about the easement. He didn't know why the easement was put in so close to the sale date. Dietz asked him if he was in favor of removing the easement, and he said he was. However, he didn't understand why easements are placed and removed. Dietz said generally they are put in place because of what the developer wants to do on the property. When changes are made to improve the drainage situation, the easement can be vacated. In this case,the developer proposed a solution. CITY COUNCIL MINUTES February 15,2000 Page 8 Thorfinnson said the property owner's complaint is he didn't find out about the easement until the date of closing. He apparently wasn't notified by the developer when he purchased the lot. Council has discussed this before and said property owners should be told. Dietz agreed the developer should be discussing easements with buyers when selling the lots. Rosow said the mortgage company knew about the easement because they get the title opinion from the County, and the purchaser has the right to see that. Rosow didn't believe the City would want to duplicate what the County has in place. MOTION: Case moved to close the public hearing; and adopt Resolution 2000- 36 vacating the right-of-way and drainage and utility easements as described in the resolution. VIH. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfmnson,Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COM d UrIICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION 1. Application for a Certified Government (CLG) Grant for the Minnesota Valley Wayside Tim Colliton, Chair of the Heritage Preservation Commission, said the HPC is recommending that the Minnesota Valley Wayside be nominated for inclusion on the National Register of Historic Places. The primary reason for doing so is to make possible the applications for Grant-in-Aid funds, which can be used for either restoration planning, or restoration. The cost to prepare the National Register nomination is $1,500.00. The HPC is applying to the Minnesota Historic Society for $150.00, and a match from the City. Through the use of a CLG grant, the City's cost (match) would be a minimum $750.00, of which approximately $300.00 would be deducted as in-kind service, leaving the City to provide a $450.00 cash match. Butcher reminded Council of the damage done to this site. Even though the site is owned by the Metropolitan Airports Commission, the City can apply for nomination to the National Register. MAC is encouraging residents to use the Minnesota Valley Wayside. Colliton said it has one of the most beautiful vistas in the area. CITY COUNCIL MINUTES February 15,2000 Page 9 MOTION: Butcher moved, seconded by Case, to approve the Heritage Preservation Commission's request to apply for a Certified Local Government (CLG) grant, to be used for preparation of a National Register of Historic Places nomination for the Minnesota Valley Wayside/Lookout Park site. Motion carried 5-0. B. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens said the Commission has two new members—Councilmember Ross Thorfinnson and Linda Jansen, a Chanhassen Councilmember. The Commission is presently reviewing its strategic plan and working on the levy problems, with the three cities levying the tax differently. Regarding capital needs,they are still in the process of getting CMAC funds, but were closed out on the regional bonding applications they had sent in, so they need to work on other funding options. Express bus ridership is up 13 percent and revenue is up 15 percent. All express buses are full going into Minneapolis. Now the problem is to get more buses and drivers. Regarding the Suburban Transit Association, Maple Grove has joined the Suburban Transit Association, which means all outlying suburbs are represented by the Association. Tyra-Lukens was elected Vice Chair of that group. XII. APPOINTMENTS A. APPOINTMENT OF MEMBERS AND CO-CHA IRS TO THIRD RINK TASK FORCE AND APPROVAL OF THE CHARTER STATEMENT Enger said at the February 1 Council meeting, the Council reviewed a request to appoint members to a Citizens Study Committee to evaluate the feasibility of a third indoor ice rink. The Council tentatively approved the four residents recommended by the Hockey Association; a School District representative, a Figure Skating Club representative, the Parks Commission representative, and three residents at large. The Council continued the item for two weeks in order to attempt to find one additional resident at large, and requested Staff to develop a Charter Statement that clarified the purpose of the Third Rink Task Force and the roles and responsibilities of the Staff and the task force members. Enger asked the Council to look at the Charter Statement and see if it reflects what Council wishes. The duration of the task force would be until June, with the first meeting February 29. Butcher nominated Allan Callander as a resident at large. He is a long-time resident of Eden Prairie and will bring a very balanced perspective to the group. He has agreed to the commitment. His nomination was accepted by consensus. CITY COUNCIL MINUTES February 15,2000 Page 10 Membership of the Third Rink Task Force would be the following: Pat Richard and John Schmelzle, Co-Chairs; Michael Devetter, Gary Kraemer, Brian Holcomb, Maggie Ashby, Steve Schultz, Dick Brown, Bruce Bowman, Terry Randolph and Allan Callander. Mayor Harris referenced the Charter Statement and expressed concern about the wording of "Item c." under "Committee Responsibilities." She suggested the following wording: "If a third rink is determined to be a long-term need for the City, review all available information necessary to determine if constructing and operating a third rink can be achieved at no cost to the City." Enger said Council should understand this would mean long-term feasibility. If it takes 20 years to pay for this, the need would have to be justified during the duration of the debt repayment. There was a discussion on the meaning of"long term." Rosow said"long term"would mean for its useful life. MOTION: Case moved, seconded by Thorfinmon, to approve the Charter Statement for the Third Rink Task Force and appoint the list of proposed members and the co-chairs to that task force. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEM 3ERS 1. Eden Prairie Foundation Ball, Councilmember Sherry Butcher Butcher announced that the Eden Prairie Foundation Ball is being held Saturday, February 26, at the Bearpath Country Club. The theme is "A String of Pearls", and everyone is asked to bring images of Eden Prairie sites they consider"pearls." B. REPORT OF CITY MANAGER 1. Rescheduling of March 7,2000, Council Meeting Enger said because Minnesota Precinct Caucuses will be held the evening of March 7,no public meetings may be held after 6:00 p.m. Therefore,the City Council Meeting on March 7 will have to be rescheduled to another evening. He has checked with Councilmembers and found everyone would be available on Wednesday,March 8. The Workshop would start at 5:30 p.m. and the Council meeting at 7:00 p.m. to make appointments to the City's Boards and Commissions. MOTION: Case moved, seconded by Thorfinnson, to approve rescheduling the March 7, 2000, City Council Meeting to March 8, 2000. Motion carried 5-0. CITY COUNCIL MINUTES February 15,2000 Page 11 2. Update on League of Minnesota Cities Activities Enger recently attended the League of Minnesota Cities Government Day. They discussed the funding shortfall being forecast by the Public Employees Retirement Association. PERA says the fund needs to increase contributions from employers and employees by 1-1/2 percent. This would have definite implications for Eden Prairie's budget. The League of Minnesota Cities' position on this is that in the 1980s, when the State was running a deficit, the State borrowed $25 million from the fund and has not paid it back; therefore, the State ought to be contributing at least $25 million toward PERA's $1.6 billion deficit. This matter will come up during this legislative session. The League also discussed tax increment financing bills that could prohibit further TIF funding or putting a tax-capacity-based cap on it. The League's position is to leave TIF alone. There is also an effort underway to clarify the question of cities granting business subsidies. There is a growing trend in the past ten years for the Legislature to question local decision-making authority. The current bill recognizes property owners' rights when takings by governmental actions may have gone too far in taking wetlands, shoreland and other natural features. It would require compensation when a regulatory act can be shown to cause a loss in market value of 10 percent or $7,500, whichever is less. The League supports the ability of the local unit to balance those rights of the private property owners with the interests of the public at the local level. There is a move to thrust the State into regulation of cable companies and local telephone companies because out-state communities have been unable to get more than one telephone provider and are looking for some competition. State regulation would mean the State could charge a universal rate. If this happens, Eden Prairie may lose its ability to franchise the local cable company and subsequent loss of the franchise fee. The Southwest Cable Commission is currently discussing this matter. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES February 15, 2000 Page 12 XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room II. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. IV. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 9:00 p.m.