Loading...
City Council - 05/04/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 4, 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 Roger Pauly and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting at 7:00 p.m. All members were present. 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. She said this month's meetings are on the second and fourth Tuesdays because of precinct caucuses held last week. She 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. 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 Foram. She said Open Forum and Open Podium are not recorded or televised. She said the City Council reserves the right to adjust the time allocations for Open Forum and Open Podium and if you have questions about the process or procedures of Open Forum or Open Podium, please contact the City Manager's office. IV. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS Tyra-Lukens introduced Larry Piumbroeck, Chair of the Human Rights and Diversity Commission, and Jeff Strate,Vice-Chair. Piumbroeck said the commission began accepting nominations in January for the Jean L. Harris Youth Scholarship Award and the Human Rights Award. He said these awards are presented to recognize people for their work and activities that keep in mind the goals and spirit of the Eden Prairie CITY COUNCIL MINUTES May 4, 2004 Page 2 manifesto. Piumbroeck and Strate made the presentations as they were announced by Tyra-Lukens. They were as follows: 2003 Human Rights Award—Non-Profit Organization Recipient Eden Prairie School District Human Resources Department (plaque accepted by Nanette Missaghi) for the department's initiative in a new employee training program for employees with communication barriers. The plan has helped bridge the understanding of staff and supervisors with new immigrant employees. 2003 Human Rijjhts Award—Individual Plaque accepted by recipient Jerry Anderson, Operations Manager of Eden Prairie Cub Foods. Anderson was recognized for extra efforts in helping and donating to Eden Prairie groups such as PROP (People Reaching Out to Other People), the food shelf and holiday food programs. He also began a mentoring program for Hispanic employees of Cub Foods and has been an active volunteer with many community organizations. 2003-2004 Dr. Jean L. Harris Youth Scholarship Award Certificate for one-time $1,000 award accepted by Catherine Wang, Eden Prairie High School senior and role model for youth, for the vast amount of volunteer work she does for the community. Wang, a volunteer for Walk for Hunger, Special Olympics, March of Dimes Walk and the Prairie View Carnival, is on the student council at the high school as well as president of the Interact Club and leader with the Diversity Club. She also tutors high school geometry students and assists the Eden Lake First Grade Book Club. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added 2 items under Reports of Councilmembers.Neal added 3 items tinder Report of City Manager. MOTION: Butcher moved, seconded by Case,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 27,2004 MOTION: Mosman moved, seconded by Young, to approve the Minutes of the City Council Workshop held Tuesday,April 27, 2004. Motion carried 4-0 with 1 abstention (Tyra-Lukens). B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 27,2004 MOTION: Case moved, seconded by Young,to approve the Minutes of the City Council Meeting held Tuesday, April 27, 2004. Motion carried 4-0 with 1 abstention (Tyra-Lukens). VII. CONSENT CALENDAR CITY COUNCIL AHNUTES May 4,2004 Page 3 A. ADOPT RESOLUTION NO. 2004-67 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT,HENNEPIN COUNTY AND THE CITY OF BLOOMINGTON FOR TRAFFIC SIGNALS ON TH 169 AT ANDERSON LAKES PARKWAY AND PIONEER TRAIL (CSAH 1), I.C. 015548 B. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PLACING OF FILL AT 16751 STIRRUP LANE C. ADOPT RESOLUTION NO. 2004-68 AWARDING CONTRACT FOR INTERSECTION IMPROVEMENTS AT CSAH 4 AND VALLEY VIEW ROAD TO VALLEY PAVING, INC. D. AUTHORIZE STAFF TO NEGOTIATE PURCHASE OF PROPERTY AT 6600175'I'll AVENUE WEST E. ADOPT RESOLUTION NO. 2004-69 OF APPRECIATION FOR CONGRESSMAN JOHN KLINE F. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH MATT'S AUTO SERVICE FOR 2004 G. APPROVAL OF 2004 AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL MOTION: Butcher moved, seconded by Mosman, to approve Items A-G of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS /MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS AT EAGLE RIDGE AT HENNEPIN VILLAGE,VACATION 04-05 (Resolution No. 2004-70) City Manager Scott Neal stated official notice of this public hearing was published in the April 15, 2004,Eden Prairie Sun Current and sent to one property owner. He said the developer has requested this vacation to remove underlying easements platted with the Eagle Ridge plat and the easement vacations will allow the construction of twin home units on lots previously platted for single family units. He said the reconfiguration plan was approved by the City Council on November 18, 2003. There were no comments from the public. MOTION: Butcher moved, seconded by Case,to close the public hearing; and adopt the resolution vacating the drainage and utility easements in Eagle Ridge at Hennepin Village. Motion carried 5-0. CITY COUNCIL MINUTES May 4,2004 Page 4 B. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF MOUNT CURVE ADDITION,VACATION 04-06 (Resolution No. 2004- 71) City Manager Scott Neal announced that official notice of this public hearing was published in the April 15, 2004,Eden Prairie Sun Current and sent to three property owners. He said property owners have requested this vacation to accommodate the combination of two parcels into one parcel for the purpose of constructing and expanding an equipment facility. Neal said a proposal explaining the owner's intentions was presented to and approved by the Council on April 27, 2004. No public comments were offered. MOTION: Case moved to close the public hearing and adopt the resolution vacating the drainage and utility easements over part of Mount Curve Addition. Seconded by Mosman, motion carried 5-0. C. SETTLERS WEST by Pemtom Land Company. Request for Zoning District Change from Rural to R1-13.5 on 11.07 acres, Preliminary Plat of 11.07 acres into 11 lots, 2 outlots, and road right of way. Location: South of Pioneer Trail and north of Vogel Farm Trail. (Ordinance for Zoning District Change and Resolution No. 2004-72 for Preliminary Plat City Manager Scott Neal said official notice of this public hearing was published in the April 22, 2004,Eden Prairie Sun Current and sent to 61 property owners. He said this proposal is for 10 single family lots and 3 outlots and the plan meets City Code requirements for the R1-13.5 Zoning District. At the April 12, 2004 meeting, the Community Planning Board voted 8-0 to recommend approval of the project to the City Council. The entire project is approximately 131 acres. The southwest 120 acres of the project is within the City of Chanhassen. Neal said the project will require collaboration between the City of Eden Prairie and Chanhassen and a cooperative agreement is being drafted to address the construction and maintenance of Settlers West Trail, extension of utilities, and joint development issues. Troy Zangs of 18912 Explorer Trail stated concern that construction trucks go through a certain area of Explorer Trail where approximately 13 children reside. He asked that construction trucks stay off those streets and travel down Settlers West instead. Case said neighbors living there are the city's eyes and ears and the best way to keep the council informed. Case asked Neal to lay out the positives about this resolution. He said there are a few negatives in that Eden Prairie will be providing water and sewer to citizens outside its city. He also said there will be additional road wear. Neal said this development does anticipate the closure and certain reduction of the Moon Valley Shooting Range that has had detrimental affects to quality of life in the area.Neal said there has also been historic concern about development of a shortcut from CITY COUNCIL MINUTES May 4,2004 Page 5 existing Highway 212 to Pioneer Trail. He said this project will add revenue from utilities which will add approximately$1 million to the operating budget with cash park fees coming in separately. Tyra-Lukens asked if the issue of truck usage could be put into the developer's agreement. Dietz said it could. Tyra-Lukens asked if the undeveloped areas could be developed similarly. Franzen said the areas around the property have planning commission approval and Council approval is pending for single family homes with the same density. Tyra-Lukens asked if it would be possible for property owners to later build something that had higher density than what was approved by Eden Prairie. Dietz said the City still needs to execute an agreement with Chanhassen,but no, and is an item to be included in the agreement with Chanhassen. MOTION: Young moved, seconded by Butcher,to Close the Public Hearing; and approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 11.07 acres; and adopt the Resolution for Preliminary Plat on 11.07 acres into 10 lots and 3 outlots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions, including the truck traffic issue and potential use of sewer and water with Chanhassen as discussed tonight. Motion carried 5-0. D. WESTGATE OFFICE PARK by Klingelhutz Development Company. Request for Comprehensive Guide Plan Change from Low Density Residential to Office on 2.6 acres, Zoning District Change from I-General to Office on 2.6 acres, Site Plan Review on 2.6 acres, and Preliminary Plat of 2.6 acres into 4 lots. Location: Current MNDot Right-of-way,North of Venture Lane. . (Resolution No. 2004-73 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change, and Resolution No. 2004-74 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the April 22, 2004,Eden Prairie Sun Current and sent to 12 property owners. He said this is for 3 town office buildings, with a total of 10 units. The total square footage of the buildings is 24,400 sq. ft. The project will require a guide plan change from Low Density Residential to Office. The project was first reviewed at the March 22, 2004 Community Planning Board meeting. Neal said the project was continued for two weeks to revise the plans to reduce tree loss, reconfigure the trail system, and realign utilities and the Community Planning Board recommended approval with a vote of 7-0 with one abstention. The decision to change the guide plan is based on the impact on the residential homes to the southeast and the park land to the north and west. He said the proposed plan provides an appropriate transition as required by City code. In general, an office use is more compatible next to residential due to less traffic, lighting, and loading impacts. The project meets all city codes.Neal said there is also a request from the developer for an early grading permit and staff recommends approval of this. He announced there is a representative from the developer present tonight to answer questions. CITY COUNCIL MINUTES May 4,2004 Page 6 There was no public comment. MOTION: Mosman moved, seconded by Case, to Close the Public Hearing; and adopt the Resolution for Guide Plan Change from Low Density Residential to Office on 2.6 acres; and approve 1st Reading of the Ordinance for Zoning District Change from I-General to Office on 2.6 acres; and adopt the Resolution for Preliminary Plat on 2.6 acres into 4 lots and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. E. EDEN PRAIRIE TRANSFER STATION (BFI)by BFI. Request for PUD Concept Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning District Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan Review on 24.32 acres. Location: South of Pioneer Trail and East of Highway 212. (Resolution No. 2004-75 for PUD Concept Amendment and Ordinance for PUD District Review and Zoning Amendment) City Manager Scott Neal said official notice of this public hearing was published in the April 22, 2004,Eden Prairie Sun Current and sent to 23 property owners. He said BFI wants to amend items in the operational plans of the developer agreement to accommodate an increase in storage of materials. At the April 12, 2004 meeting the Community Planning Board voted 8-0 to recommend approval of the project to the City Council. The following is a summary of the operational changes. • Item 2 -Truck Operation- extend evening hours from 7-9 PM. • Item 3 - Overnight Storage— allow overnight storage from 2 -14 trucks, and a 24 to 48-hour period. • Item 4-Maximum Tons per Day—increase from 500 to 700-900 TPD • Item 5 — Maximum Tons per Year Processed — increase from 99,000 to 218,000 TPY. • Item 6 - Maximum.Number of Trips — increase from 100 per day to 230 per day • Item 14—Leachate and Liquid Waste Testing—change from weekly sampling to prior to load-out and transport for proper disposal as stipulated in the transfer Butcher ask if the intent of extending the hours from 7 p.m. to 9 p.m. was for processing and cleaning and not truck traffic. David Wiggins, general manager of BFI, said it would not actually increase the number of trucks traveling through the area. It would be for loading trucks for out bound Butcher asked what measures will there be in place to make sure there is compliance. She asked what recourse the City would have if levels are exceeded. Wiggins said Hennepin County has an inspecotar that comes once a month and there have been no violations. The State also sends inspectors that make spot inspections periodically. CITY COUNCIL AHNUTES May 4,2004 Page 7 Butcher asked how rodent control is handled at the station. Wiggins said a pest control company takes care of that and they do an inspection and provide remedies when necessary. Case stated that the Council has not approved any structural expansion for this usage. BFI does have a right to request this. He said there is the possibility of adding verbiage to the commitment that BFI would never expand structurally. Neal said solid waste processing facilities are important to modern life and the developer is seeking to fully utilize the existing investment at their facility. He said he has a good understanding of what the developer wants to do. He said concerns expressed can be addressed in the developer's agreement. Mosman asked Wiggins if residents in the area were concerned,who they would call. Wiggins said he has never received a complaint from a resident and they have been thorough in notifying residents.He said the reason he is here is that he wants to utilize the investment and minimize the number of times he must come before a public meeting. He said they plan to use the facility for a number of years. Tyra-Lukens stated she is concerned about potentially over doubling the amount of trucks used for this purpose in the area. She said she does not want Eden Prairie to become the transfer station for the entire metropolitan community. Tyra-Lukens asked Wiggins to address the issue of litter coming off garbage trucks. Wigins said there are ongoing site inspections and policing of certain areas as necessary. Tyra-Lukens asked if there are only specific routes trucks are allowed to make. Wiggins said there are two outbound trucks that use Hwy 212 to a landfill for construction and demolition debris. He said MSW uses Hwy. 212 to either Interstate 494 or Hwy. 62 to make connections to the path out of town. Wiggins said they agreed to a specified traffic pattern in the current developer's agreement. James Odum of 12127 Cartway Curve expressed concerns about how much and how deep the dump would be. He asked the Council to go over the agreement with a fine tooth comb to make sure there is a means of controlling an expansion. Neal said the developer's agreement is where control issues can be agreed upon and included. Butcher said the City has a history of hard times with BFI and asked Wiggins to do anything he can to assure residents. Case asked if a clause that would mandate BFI to file an operations report annually could be incorporated in the developer's agreement. Pauly said the developer's agreement will incorporate the standards and he feels it's reasonable to indicate whether the standards are or are not being met. Wiggins noted that the current developer's agreement does require that BFI report annually the tonnage and type of debris and how much is recycled. He said they also report to the state and county for the same purpose and they would be glad to CITY COUNCIL MINUTES May 4,2004 Page 8 provide that report. Case said he would like to see maximum tons per day, maximum tons per year and number of trips per year. MOTION: Case moved, seconded by Butcher, to Close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 24.32 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the I-2 District on 24.32 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Butcher,Mosman,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case reported he received a call from a resident in the Morraine Way neighborhood and asked for a staff update on the pond there. He said the pond is dry for the first time in 30-40 years and he'd like to see some kind of definitive direction to the residents as to the status of the pond. Dietz said he will be happy to look at it,but because of the drought,most of the small ponds in drainage areas are looking very much like that. Case gave a cable commission update and reported that Eden Prairie is part of a five-city consortium and receives $250,000 that goes into the general operating budget. He said because of the current trend of voice video and data technologies merging, it is becoming complicated when telephone services offer cable and cable offers telephone. He said the City may want to weigh in at the State level and the commission will possibly be looking at areas like that. Case announced that a former Councilmember Ralph Nesbitt died last Friday and his funeral is tomorrow. He said Nesbitt served on the council from 1968-72 and was involved with the historical society as well as several volunteer issues. CITY COUNCIL MINUTES May 4,2004 Page 9 B. REPORT OF CITY MANAGER Neal noted that there is currently a bench outside the Council Chambers in recognition of the Wissners who give many hours of time to the community. He said the bench will be placed in the new park close to the gathering bridge as the area is completed. Neal introduced Eden Prairie's new Community Development Director Janet Jeremiah. Jeremiah said she is pleased to be an official member of the staff and sees this as a tremendous opportunity for her to help guide and enhance the city in a positive future. Neal announced that citizens who find themselves in a situation where they have unintentionally encroached on city property, easements or park property,the assumption is never made that it was done with malice. He said the intent of staff is to proceed with enforcement action as planned unless there is consensus from the council to do otherwise. He said staff will have Stuart Fox continue to work with the residents to make sure the enforcement action taken is done in a reasonable and prudent manner. C. REPORT OF THE 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: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:03 p.m.