Loading...
City Council - 01/20/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 20,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage 1. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Butcher was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. Open Forum is reserved for scheduled participants. She asked those who wish to speak to the Council during Open Forum to please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. PROCLAMATION DECLARING JANUARY 25,2004,AS THE OFFICIAL CHRISTINA COLLISON EDEN PRAIRIE HOMETOWN DAY IN EDEN PRAIRIE Tyra-Lukens announced that each year the University of Minnesota honors one women's basketball player with a special"Hometown Day." She said this year,Eden Prairie resident Christina Collison has been chosen to receive this honor and will be joined by City officials, family and friends at half-time of the game on Sunday,January 25, 2004. Tyra-Lukens said CITY COUNCIL MEETING January 20,2004 Page 2 a City of Eden Prairie proclamation declaring January 25 the official Christina Collison Eden Prairie Hometown Day will be presented to her during the ceremony. Collison's father was present and thanked the Council and Mayor for the recognition. In addition, he thanked the coaches and faculty of Eden Prairie High School who he said were instrumental in preparing his daughter to compete athletically and academically. Tyra- Lukens read the proclamation declaring January 25, 2004 as the official Christina Collison Hometown Day. V. PRESENTATION OF MRPA EDUCATION AWARDS Donna Tilsner, Awards Committee Chairperson for the Minnesota Parks and Recreation Association, gave a brief history of the organization that was founded in 1937 with now approximately 2000 members in Minnesota. Tilsner presented the 2003 Dorothea Nelson Award to Carla Kress, Therapeutic Recreation Coordinator. This award is for female professional members of MPRA with 15 or less years of professional experience. Tilsner also presented an Award of Excellence to the City of Eden Prairie for its Leisure Education Program. Tilsner noted that Carka Kress and Nicole White both worked hard on this program, along with the Parks and Recreation staff. Kress and White accepted the award. VI. REPORT ON THE SHOPPING BUS Molly Koivumaki,Human Services Manager for the City, and Chuck Snyder, Operations Director of Southwest Metro Transit,provided an overview of the new"shopping bus" service. This collaborative pilot program involving the City, Southwest Metro, Cub Foods, and other Eden Prairie vendors, is set to kick off on February 3. It will provide transportation to individuals needing to shop in Eden Prairie and will help to educate the public about the benefits of public transportation. Koivumaki said the program will also involve volunteer bus riders who will help onload and offload riders and shuffle them to their destinations. She said round trips are planned to take 2 %2 hours. Mosman asked where the volunteers will come from. Koivumaki said it is hoped that they will come from the human services providers,but initially staff will be used to determine areas of training for volunteers. Mosman asked if language skills would be necessary for volunteers. Koivumaki said not now. She also said the service.is not free and there will be a fee for riding the bus. Tyra-Lukens asked what the pilot period is.Koivumaki said probably 6 months. VII. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING,JR. On behalf of the City of Eden Prairie, Tyra-Lukens read the Proclamation and Manifesto. She introduced Harry Moran, chair of the Human Rights and Diversity Commission,who gave an overview of the City's Human Rights Award and Dr. Jean L. Harris Youth Scholarship Award and the process for both. CITY COUNCIL MEETING January 20,2004 Page 3 Moran said the nomination process for the Human Rights Award just began and will close on March 26, 2004, and the award will be presented in May. He explained the qualifications for the Dr. Jean L. Harris Youth Scholarship Award that will be presented to up to two recipients at a City Council meeting in May,with each recipient receiving a one-time $1,000 award. Moran said applications for both awards are available on the City's website. VIII. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under XVII.A. Councilmember Reports, Case added request for an airport update and also a follow-up on preserving the City's option in regard to Birch Island Woods. Under XVII.B. Report of City Manager,Neal added a report on today's presentation to the Stadium Selection Commission. Tyra-Lukens reminded the audience that applications are currently being accepted for boards and commissions and there will be an open house at the Eden Prairie Center on January 27. She said more information is available on the Eden Prairie website. MOTION: Young moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 4-0. IX. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 6, 2004 MOTION: Mosman moved, seconded by Young, to approve, as published, the minutes of the City Council Workshop held Tuesday, January 6, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 6, 2004 MOTION: Case moved, seconded by Mosman, to approve, as published, the minutes of the City Council Meeting held Tuesday, January 6, 2004. Motion carried 4-0. X. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TRAXLER OFFICE BUILDING by Keith Traxler. 2nd Reading for Planned Unit Development District Review with waivers on.43 acres, Zoning District Change From Rural to Office on .43 acres, and Site Plan Review on.43 acres. Location: 9340 Hennepin Town Road. (Ordinance No. 1-2004-PUD-1-2004 for PUD District Review,Zoning District Change,Resolution No. 2004-14 for Site Plan Review) C. MEADOWCROFT by Nickel Land Company 2nd Reading for Planned Unit Development District Review with waivers on 7.08 acres and Zoning District Change From Rural to R1-22 on 7.08 acres. Location: 9950 Dell Road. (Ordinance No. 3- 2004-PUD-3-2004 for PUD District Review,Zoning District Change) CITY COUNCIL MEETING January 20,2004 Page 4 D. ADOPT RESOLUTION NO. 2004-15 APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 3RD ADDITION E. ADOPT RESOLUTION NO. 2004-16 AUTHORIZING SUPPORT OF LEGISLATION ALLOWING EDEN PRAIRIE TO CONTROL HOW ADVANCED LIFE SUPPORT SERVICES IN THE CITY OF EDEN PRAIRIE ARE PROVIDED F. ADOPT RESOLUTION NO. 2004-17 APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES G. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS LISTED IN THE 2004 GENERAL FUND BUDGET H. ADOPT RESOLUTION NO. 2004-18 AMENDING FEE RESOLUTION NO. 2003-172, RELATING TO FIRE ALARM AND SPRINKLER SYSTEMS I. APPROVE CHANGE ORDER PROPOSAL REQUESTS 1, 2, 3,AND 4 FOR RILEY-JACQUES BARND AND APPROVE ADDITIONAL FEES FOR ARCHITECTURAL AND STRUCTURAL SERVICES MOTION: Young moved, seconded by Case, to approve Items A-I of the Consent Calendar. Motion carried 4-0. XI. PUBLIC HEARINGS/MEETINGS A. VACATION OF A ROADWAY EASEMENT IN GRAY FOX BLUFF, VACATION 03-10 (Resolution No. 2004-19) City Manager Scott Neal said Official notice of this public hearing was published in the December 25, 2003,Eden Prairie Sun Current, and sent to 4 property owners. He said the property owner has requested this vacation to remove the encumbrance of an existing roadway easement over property being replatted as "The Bluffs at Purgatory Creek." The replat consists of three lots to be served with private cross-access easements, eliminating the need for a public roadway. Neal said a Declaration of Covenants, addressing ownership and maintenance responsibilities of the private drive, is to be recorded concurrent with recording of the plat. There were no public comments. MOTION: Mosman moved, seconded by Young, to adopt the Resolution vacating the roadway easement over part of Lot 3, Block 1, Gray Fox Bluff. Motion carried 4-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE,VACTION 03-09 (continued from December 16, 2003) CITY COUNCIL MEETING January 20,2004 Page 5 City Manager Scott Neal said official notice of this public hearing was published in the November 27,2003,Eden Prairie Sun Current, and sent to one property owner. He said this hearing is continued from the December 16, 2003, Council meeting. The Developer has requested this vacation to remove underlying easements, as platted with the Hennepin Village plat,to allow the construction of twin home units on lots previously platted for single family units. The reconfiguration plan was approved by the City Council on December 2, 2003. There were no comments from the public. MOTION: Case moved, seconded by Young,to close the public hearing continued from December 16, 2003. Tyra-Lukens noted a letter was received from Mr. Herbst postponing Sites C and D first reading until February 3. Neal said this is for Site A that Mr. Herbst has decided to go forward with. Young said the way it was read,it appeared there is something to be presented to the Council tonight. Neal said there will be later in the meeting. Dietz said on the agenda, XIII.A. is the Site A rezoning agreement to be approved along with the vacation of these easements. Motion carried 4-0. C. HENNEPIN VILLAGE SITE C AND D REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 64.9 acres, Planned Unit Development District Review on 11.99 acres,Zoning District Change from Rl- 9.5 to RM 6.5 on 11.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review,Zoning District Change) Rosow noted a request has been made to continue the Public Hearing until February 3,2004. MOTION: Case moved, seconded by Mosman,to continue the public hearing for Hennepin Village Site C and D rezoning until Tuesday, February 3, 2004. Motion carried 4-0. D. MUNICIPAL CONSENT FOR TH312/TH212 (FROM CSAH 4 TO TH212 NEAR CARVER COUNTY ROAD 147)IMPROVEMENTS, I.C. 93-5305 City Manager Scott Neal said official notice of this public hearing was published in the December 18, 2003,Eden Prairie Sun Current, and sent to 351 property owners. He said a public hearing is required for consideration of municipal consent for the TH312/TH212 improvements. Individual notices were also sent to the adjacent property owners an average of 700 feet from the corridor. Neal said Staff is prepared to give a presentation and Department of Transportation representatives are also present to give a presentation. He recommended that Council CITY COUNCIL MEETING January 20,2004 Page 6 would consider what is heard tonight and a municipal consent resolution would be prepared to be heard and considered February 17, 2004. Neal introduced John Chiglo project manager from MnDOT,who gave a presentation on the project. He said a pedestrian bridge will be constructed in the Riley Creek area. He said the structure will accommodate a stream and also a crossing for pedestrians under the roadway. In addition, he said there will be"critter crossings"based on an agreement with the Department of Natural Resources. Chiglo said other locations were considered for the pedestrian crossing,but it was not feasible because elevation of land in surrounding areas would not allow for proper drainage to occur. Mosman asked if there is a possibility for an overpass for pedestrians. Chiglo said an overpass would be an acceptable solution engineering-wise,but there is a cost implication of$1.1M to construct it. He said that cost would be the responsibility of the City. Joe Stoebner, 18803 Bearpath Trail, and Greg Olson, 18592 St. Mellion Place were present representing 300 property owners adjacent to the bebo project. He said generally they are in support of the project,however,they read a letter with concerns and recommendations dated January 20, 2004 to the Council and requested the letter be part of the record. Tom Ortinzeo of 8560 Derby Court, asked what type of berm is in the master plan for the portion that runs along the Miller Park and if there is any access from Candlewood Parkway into the park or if it's just on Scenic Heights. Chiglo said the berm to be constructed will be made of earth and excavation material that will be taken out of the road bed as the roadway is constructed. He said in that area, it will be approximately 30 feet tall. He said there will be no access to from the south across 212 to Candlewood. He said the final location of the pedestrian ramp will be determined and any pedestrian access will be across the bridge. Ortinzeo asked if the type of berming would be consistent throughout the length of 212 in Eden Prairie and will be natural through the entire length. Chiglo said the type of berming that he referred to will be consistent between the ramp terminis between Eden Prairie Road and Dell Road and on both sides. He said size of the berms may depend on right-of-way constraints and may require a noise wall. He said there are some noise walls located on the south side of 212 and to the west of Candlewood and on the other end toward Eden Prairie Road, about 1,000 feet west of Eden Prririe Road, on the south side of 212. Chiglo said in the other locations there would be no noise walls constructed because they are able to provide adequate noise mitigation with out noise walls. He said berms are more effective than noise walls in noise mitigation. CITY COUNCIL MEETING January 20,2004 Page 7 Chad Johnson of 18000 Turtle Point asked what the speed limits would be along the corridor and what those limits would be set at. He asked about traffic lights at Dell Road and the 212 Extension and whether or not there will be extra berming or shields in regards to the traffic lights. Chiglo said a speed study will be conducted to establish speed limits. He said at this time, there are no signals planned to be constructed along Dell Road. He said there is no screening or berming planned parallel to Dell Road. Johnson urged the Council to keep the speed limits at the minimum, 55 if possible, in order to mitigate noise pollution to surrounding areas. Tyra-Lukens asked if speed limit is determined within the range based on the speed of traffic traveling on that road . She also asked if noise studies for the walls were done with a 55 or 65 mph speed limit. Chiglo said speed limit is established at an 85 percentile, or 85 percent of the traffic traveling on the roadway. He said a 65 mph speed limit is used when modeling for noise. Tyra-Lukens asked if traffic lights are deemed necessary in the future,who would pay for it. Chiglo said there is cost participation depending on the ownership of certain legs. Dietz said if a signal becomes necessary at Scenic Heights,the City would pay for it, but there is a cost participation policy for other signals. Tyra-Lukens asked if there is a risk of paying more than if this is bid separately. Dietz said there will be a point in time where Staff will recommend which way to go,but it has been recommended to use a percentage method. MOTION: Mosman moved to close the public hearing. Seconded by Young,motion carried 4-0. Mosman asked if the tunnel is lighted and what visibility is from one end to the other. Chiglo said a tunnel is classified as something over 50 feet long and it is anticipated that lighting will be provided. He said there are definite lighting standards and he is unsure how far you'd be able to see through the tunnel. Mosman asked if the tunnel curved. Chiglo said there is no curve and it is straight. Mosman asked if alternatives could be looked at before the next meeting. Mosman and Tyra-Lukens expressed concern over whether animals would be likely to enter a tunnel. Chiglo said the DNR is in support of this structure. Young asked Dietz what the timeframe is. Dietz said all municipal consent is expected to be accomplished within the next 30 days with requests for quotes sometime next spring. He said Staff committed to a process that Staff would support a separate pedestrian location if it were a wash in cost. CITY COUNCIL MEETING January 20,2004 Page 8 Tyra-Lukens asked what if there were no pedestrian underpass or overpass near that location and how integral is that to the trail system to have a hookup there. She said she is concerned about the public safety issue of the tunnel. Lambert said it is critical to the north/south trail system. Lambert said he would like to ask the State if they have similar size structures that could be looked at. Chiglo said he could get that information from the structures office in Oakdale. MOTION: Mosman moved, seconded by Case, to request staff to prepare a municipal consent resolution for the February 17,2004 City Council meeting and consider all discussion from tonight's meeting. Motion carried 4-0. XII. 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 Case,Mosman,Young and Tyra-Lukens voting"aye." XIII. ORDINANCES AND RESOLUTIONS A. HENNEPIN VILLAGE SITE A REZONING by Pemtom Land Company. 2nd Reading for Planned Unit Development District Review on 2.55 acres, Zoning District Change from R1-9.5 to RM 6.5 on 2.55 acres, and Site Plan Review on 2.55 acres. Location: North of Highway 212,west of Spring Road. (Ordinance No. 2- 2004-PUD-2-2004 for PUD District Review,Zoning District Change,Resolution No. 2004-20 for Site Plan Review) City Manager Scott Neal said this is second reading for an amendment to the planned development and rezoning of 33 R1-9.5 single family lots to RM-6.5. Included in the packet are letters Ryland Homes sent to current and pending single family homeowners dated December 22, 2003. MOTION: Case moved, seconded by Mosman,to approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from R1-9.5 to RM- 6.5 with waivers on 2.55 acres, Zoning; and adopt the Resolution for Site Plan Review on 42.55 acres; and approve the Supplement to Developer Agreement for Hennepin Village Site A; and approve and Authorize Issuance of a Grading Permit for Hennepin Village Site A, subject to release by the City Engineer upon determination that the final contract documents conform to plans dated November 7, 2003, as approved by the City Council. Motion carried 4-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE,VACATION 03-09 (Resolution No. 2004-21) City Manager Scott Neal said the Developer has requested this vacation to remove underlying easements, as platted with the Hennepin Village plat,to allow the construction of twin home units on lots previously platted for single family units. The reconfiguration plan was approved by the City Council on December 2, 2003. CITY COUNCIL MEETING January 20,2004 Page 9 MOTION: Case moved, seconded by Young, to adopt the Resolution vacating the drainage and utility easements in Hennepin Village. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2, RELATING TO ORGANIZATIONAL RESTRUCTURING City Manager Scott Neal stated that the City Code is being amended to reflect the organizational changes relating to the elimination of the Department of Management and Budget. He said the Community Development Department will include Assessing,Planning,Economic Development and Housing and Human Services. The Finance Division is under the Office of the City Manager. MOTION: Young moved, seconded by Mosman, to approve the first reading of the Ordinance amending City Code Chapter 2, relating to organizational restructuring. Motion carried 4-0. XIV. PETITIONS,REQUESTS AND COMMUNICATIONS A. BASEBALL ASSOCIATION REQUEST City Manager Scott Neal introduced Tom Siering from the Eden Prairie Baseball Association who will request City Council participation in a jointly funded project between the Baseball Association and the City of Eden Prairie for improvements to the baseball field at Miller Park. Siering gave background information on the organization and presented an architectural mock-up of the facility proposed as Eagle Field. He said the estimated cost would be$1.1M to $1.4M,with$100,000 currently raised and various funding sources that include$100,000 from an anonymous donor. Siering said this would also be a multiple use facility for concerts and other community gathering events. He said the facility could be used for tournament play for a variety of playing levels. Lambert said they are not asking to fund the project tonight,but asking the Council to accept this as a bonafide use of Miller Park and the ball field where some of the funding would be provided from a referendum, some from park dedication fees, and the balance from the athletic association. Case asked if there is potential for a business to advertise at the facility in return for donating funds. Lambert said the facility could possibly be named after a business if there was enough funding,but the only facility where he has seen that happen is the Blaine ice facility. Siering said it has been discussed and thought to be extremely unlikely because of its tie to general economic activity. Mosman asked if there are significant fields on the north side of town and why Miller Park was chosen. Lambert said this is the only facility where 900 parking spaces are available and adequate seating. CITY COUNCIL MEETING January 20,2004 Page 10 Tyra-Lukens asked if this is the only 90-foot field. Lambert said there is also a 90- foot field at Round Lake and also Franlo Park, south of Hwy. 5, and will also be constructing one at Flying Cloud ball fields. Neal said in light of discussion tonight at the workshop,that this item will come back to the Council on February 17, the most appropriate motion would be to accept it and give it consideration knowing that it will be included in a referendum within a few short weeks. No action was taken on this item. XV. REPORTS OF ADVISORY BOARDS & COMMISSIONS XVI. APPOINTMENTS XVII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case said two people asked him about the status of the airport issue,particularly security at the airport. He asked if Staff could bring back an updated report on what impact the FAA ruling has on what was negotiated and is there a security role for the City to play in the reliever airport issue. Also is there a role for the City to continue to play for some type of environmental oversight of the airport as the use does expand? Neal said there is a Staff member who is assigned to track MAC activities in general and specifically as they relate to Flying Cloud Field. He said a report can be provided by the first meeting in February. Neal said he and the mayor,police chief and fire chief all attended a meeting called by the US Attorney Tom Heffelfinger to listen to his concerns about airport security at the reliever airports. He said his staff has been working with the US Attorney and MAC staff to prepare a prototype plan for airport security. He said it is a MAC-led effort and the project is nearly complete. Case said there is currently no functioning airport commission and asked if MAC could be contacted to provide an update on expansion plans.Neal said that could be done. Concerning a request from Jeff Strait regarding the purchase of a four acre parcel on Birch Island Road, Case asked what purchasing options should be considered regarding the four acres of land. Lambert said he talked to the property owners and is in the process of applying for a 50 percent matching grant,but chances are not good because of the price of the land and limited amount of grant money available. He said property owners will be asked to give an option on the land based on a successful grant application. He said at that time,the City would decide if it wants to come up with half the cost. He said he believes owners are waiting to see what the appraisal is before determining the price. CITY COUNCIL MEETING January 20,2004 Page 11 B. REPORT OF CITY MANAGER Neal said that today,he,the mayor,David Lindahl and Pat McQueeny of the Chamber of Commerce gave a presentation to the Governor's Stadium Screening Committee. Other presentations were given by Anoka County,Hennepin County/Minneapolis and City of St. Paul. Neal said the Eden Prairie presentation was different than others in that it does not offer direct cash contributions from local governments involved, and a great amount of detail was given in the construction and design of the structure with the other presentations. Neal said the City's proposal will be primarily privately funded,with a role for some limited public financing but that limited role is not currently defined. He said if public financing is used, it will be spread across a wide base as this is a state-wide asset. He said 10 proposals are currently being considered and the city will learn next week whether or not its proposal will advance on to the governor. He said a single proposal, more than one proposal, or a variation of proposals can be advanced. Case asked why someone would choose Eden Prairie. Neal said the City has the best location under consideration at this point because of the transportation network that serves the Golden Triangle. C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XVIII. OTHER BUSINESS XIX. ADJOURNMENT MOTION: Mosman moved, seconded by Case,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:52 p.m.