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City Council - 02/03/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 3, 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 I. ROLL CALL/CALL THE MEETING TO ORDER Councilmember Case served as Acting Mayor in the absence of Mayor Tyra-Lukens. Case called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Case reminded the audience 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. He said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,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. Case 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. He 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. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Young moved, seconded by Mosman, to approve the agenda as published. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 20,2004 CITY COUNCIL MEETING February 3,2004 Page 2 MOTION: Mosman moved, seconded by Young, to approve the Minutes of the City Council Workshop held Tuesday, January 20, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20,2004 MOTION: Butcher moved, seconded by Young,to approve the Minutes of the City Council Meeting held Tuesday,January 20, 2004. Motion carried 3-0. Butcher abstained. VI. CONSENT CALENDAR A. APPROVE 2ND READING OF AN ORDINANCE NO. 4-2004 AMENDING CITY CODE CHAPTER 2.30 AND 2.32,RELATING TO ORGANIZATIONAL RESTRUCTURING B. ADOPT RESOLUTION NO. 2004-22 AMENDING FEE RESOLUTION NO. 2003-172,RELATING TO OAK POINT POOL RENTAL C. ADOPT RESOLUTION NO. 2004-23 AUTHORIZING THE CITY ENGINEER AND CITY ATTORNEY TO PURSUE ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF ANDERSON LAKES PARKWAY TRAIL IMPROVEMENTS,I.C. 01-5525 D. ADOPT RESOLUTION NO. 2004-24 ADJUSTING THE 2003 BUDGET E. APPROVE LAW ENFORCEMENT MUTUAL AID PACT BETWEEN THE CITY OF EDEN PRAIRIE AND SCOTT COUNTY SHERIFF'S OFFICE F. APPROVE THREE-YEAR MAINTENANCE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF AUTOMATION AND CONTROL SYSTEMS FOR THE WATER UTILITY MOTION: Young moved, seconded by Butcher,to approve Items A-F of the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. 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) City Manager Scott Neal said official notice of this public hearing was published in the January 9, 2004,Eden Prairie Sun Current, and sent to six property owners. He said this is a continued public hearing from the January 20,2004 meeting and the developer is requesting a continuance to the meeting on February 17, 2004. CITY COUNCIL MEETING February 3,2004 Page 3 MOTION: Mosman moved, seconded by Young, to continue the Public Hearing to the February 17, 2004 meeting. Motion carried 4-0. B. VIKING COLLECTIONS PARKING by Kloeckner Limited Partnership. Request for: Planned Unit Development Concept Amendment on 4.42 acres,Planned Unit Development District Review with waivers on 4.42 acres, Zoning District Amendment in the Office Zoning District on 4.42 acres, and Site Plan Review on 4.42 acres. Location: 7500 and 7544 Market Place Drive. (Resolution No. 2004-25 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal said official notice of this public hearing was published in the January 22, 2004,Eden Prairie Sun Current, and sent to 24 property owners. He said this is for a 158-space parking lot on a 1.66-acre site located to the southeast of the Viking Collections building it is to serve. The Community Planning Board voted 6-1 to recommend approval of the project at its January 12, 2004 meeting. The construction of the parking lot will require a PUD waiver for off-site parking. Franzen said that Dan O'Brien is in the audience representing the proponent. Butcher asked for explanation of the dissenting vote.Franzen said it was a 7-0 vote to close the public hearing, and the vote on the zoning was 6-1. He said the vote against it involved concern over lack of sidewalks. Franzen said the majority of the board felt that since it is an office park, they weren't as concerned as they would be if it were a commercial development. Butcher asked how Staff feels about it. Franzen said Staff is comfortable because it is an office park situation and not a commercial district with higher traffic volume. Case asked Franzen his opinion on how quickly it will develop. Franzen said he would expect probably 5 years. MOTION: Mosman moved, seconded by Butcher,to adopt a Resolution for Planned Unit Development Concept Amendment on 4.42 acres; and approve lst Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 4.42 acres; and direct Staff to prepare a Development Agreement incorporating Board and Staff recommendations and Council conditions. Mosman withdrew the motion and Butcher withdrew second to the motion. Case asked for comments from the audience. There was no public comment on this issue. MOTION: Mosman moved, seconded by Butcher, to close the public hearing and adopt a Resolution for Planned Unit Development Concept Amendment on 4.42 acres; and approve 1"Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 4.42 acres; and direct Staff to prepare a Development Agreement CITY COUNCIL MEETING February 3,2004 Page 4 incorporating Board and Staff recommendations and Council conditions. Motion carried 4-0. C. VACATION OF DRAINAGE AND UTILITY EASEMENT IN THE BIG WOODS 3"ADDITION,VACATION 04-01 City Manager Scott Neal said official notice of this public hearing was published in the January 15, 2004,Eden Prairie Sun Current, and sent to one property owner. He said the property owner has requested this vacation to allow the construction of a pool and appurtenances encroaching into the dedicated easement area. The property owner will dedicate a revised scenic easement to compensate for previous oversights in the dedication of easements. Neal said Staff recommends that Council hold the public hearing,but refrain from final action on the resolution because consent has not yet been received from the mortgage company. Dietz explained that there was an oversight on the recording of a conservation easement on the properties, so a compromise has been reached in that the City would vacate a drainage and utility easement that is ordinarily placed on the property in the same location as a conservation easement. He said the drainage and utility easement exists,but the conservation easement to preserve trees was not recorded prior to the property being conveyed to the present owner. So, a portion of the drainage and utility easement will be vacated, and the homeowner will then dedicate a conservation easement over the westerly 30 feet of his property. Butcher how it happened. Dietz said this happened at a time that the City was allowing the developers to record the documents but that process has changed. Case asked why the conservation easement could not be put on the plat. Lambert said you can't file it on the plat,but it can be filed on the property. Rosow said on the physical plat, state law prescribes what types of encumbrances (easements) can be physically memorialized on the plat and a conservation easement is not one of them. Rosow said in this case, it is unsure why the conservation easement was not filed against Big Woods. There were no comments from the public. MOTION: Butcher moved, seconded by Young, to close the public hearing and adopt the resolution vacating the drainage and utility easements in The Big Woods 3Td Addition. Motion carried 4-0. D. VACATION OF DRAINAGE AND UTILITY EASEMENT IN BELL OAKS ESTATE 8T11 ADDITION,VACATION 04-02 (RESOLUTION NO. 2004-26) City Manager Scott Neal said official notice of this public hearing was published in the January 15, 2004,Eden Prairie Sun Current, and sent to one property owner. He said the property owner has requested this vacation to allow the construction of an indoor sport court. The applicant is the owner of all parcels identified in this request and has also applied for an administrative combination of the parcels. CITY COUNCIL MEETING February 3,2004 Page 5 There were no comments from the public. MOTION: Butcher moved, seconded by Mosman,to close the public hearing; and adopt the resolution vacating the drainage and utility easements in Bell Oaks Estate 8t" Addition. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Mosman moved, seconded by Young, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Butcher,Mosman and Young 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 B. REPORT OF CITY MANAGER Neal said it was requested at the last meeting that Staff look into issues with Flying Cloud Airport. He reported that the mayor and staff members have been invited to a meeting at the U.S. Attorney Heffelfinger's office in Minneapolis on February 17 for a review of the draft of the Homeland Security proposal that the Metropolitan Airports Commission has put together for Flying Cloud field. Case asked if there would be a public role in the process.Neal said he could not envision it and he believes this is because they want a sufficient level of confidentiality. Neal said other issues regarding the airport will be presented to the Council on February 17, 2004 Council meeting. Butcher asked for a definition of scheduled flights. Neal said there are charter operations at Flying Cloud,but not a scheduled passenger service. Rosow said the airport needs a certification from the FAA to be able to offer regular passenger scheduled flights and they promised not to seek that sort of certification. C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MEETING February 3,2004 Page 6 E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher,to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:29 p.m.