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City Council - 10/05/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 5, 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens was absent. Councilmember Case served as Acting Mayor and called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Reports of Councilmembers, Mosman added an item regarding off leash dog areas; and Butcher added a brief synopsis on the National League of Cities Leadership Summit. MOTION: Butcher moved, seconded by Mosman to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 21, 2004 MOTION: Mosman moved, seconded by Young to approve the minutes of the City Council Workshop held Tuesday, September 21, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 2004 MOTION: Butcher moved, seconded by Young to approve the minutes of the City Council Meeting held Tuesday, September 21, 2004. Motion carried 3-0 with 1 abstention. VI. CONSENT CALENDAR A. HILLTOP TOWN OFFICE by Arima, L.L.C. 2nd Reading for Planned Unit Development District Review with waivers on 6.89 acres, Zoning District CITY COUNCIL MINUTES October 5,2004 Page 2 Amendment within the Office Zoning District on 6.89 acres, and Site Plan Review on 6.89 acres. Location: 7480 Flying Cloud Drive. (Ordinance for Zoning District Amendment,Resolution No. 2004-138 for Site Plan Review) B. ADOPT RESOLUTION NO. 2004-139 APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 4 H ADDITION C. BLUFF COUNTRY VILLAGE by Hustad Investments. Extension to the Developer's Agreement and Site Plan Approval(Resolution No. 2004-140 Granting Extension to the Developer's Agreement and Site Plan Approval) D. ADOPT RESOLUTION NO. 2004-141 AWARDING CONTRACT FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS TO DMJ CORPORATION, I.C. 03-5606 E. AUTHORIZE ISSUANCE OF GRADING PERMIT TO THOMAS AND DAISY HAUNG FOR PLACEMENT OF FILL AT 6891 BEACH ROAD F. ADOPT RESOLUTION NO. 2004-142 APPOINTING ELECTION JUDGES/STUDENT ELECTION JUDGES FOR NOVEMBER 2 GENERAL ELECTION G. APPROVE AMENDMENT TO EDEN PRAIRE FIREFIGHTERS RELIEF ASSOCIATION BYLAWS H. APPROVE AMENDED LEAD AGENCY AGREEMENT FOR THE ECONOMIC DEVELOPMENT ADMINISTRATION GRANT I. APPROVE AGREEMENT WITH HENNEPIN COUNTY TO COMPLETE PHASE II OF THE BIG FOOT CD-ROM,I.C. 02-5578 J. ADOPT RESOLUTION NO. 2004-143 AUTHORIZING DISPOSAL OF ONE PARCEL OF TAX FORFEITED LAND MOTION: Mosman moved, seconded by Butcher, to approve Items A-J of the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS /MEETINGS A. PRAIRIE PINES by Epic Development. Request for Planned Unit Development Concept Review on 5.09 acres,Planned Unit Development District Review with waivers on 5.09 acres, Zoning District Change from Rural to R1-13.5 on 5.09 acres, Preliminary Plat of 5.09 acres into 8 lots. Location: 9576 Crestwood Terrace. (Ordinance for PUD Review and Zoning District Change; Resolution No. 2004- 144 for PUD Concept Review,Resolution No. 2004-145 for Preliminary Plat) CITY COUNCIL MINUTES October 5,2004 Page 3 City Manager Scott Neal reported that official notice of this public hearing was published in the September 23, 2004,Eden Prairie Sun Current and sent to 53 property owners. He said this is for 8 single family lots. The Community Planning Board voted 8-0 to recommend approval of the project at its September 13, 2004 meeting. Neal said the proposal is to rezone the property from Rural to R1-13.5. The existing house will remain. The density of the project is 1.57 units per acre. All lots meet code requirements. Outlot A will be dedicated to the City to accommodate a future trail. Tree loss is 21%. Tree replacement is 60 caliper inches. He said severe erosion was identified during the site evaluation by the City and the Watershed District and will require corrective action by the Developer or as a joint project between the City, Watershed District and Developer prior to grading of the property. A Planned Unit Development waiver is required for the storm water pond to encroach 20 feet within a shore impact zone. This waiver is reasonable in exchange for land dedicated to the City to protect the creek and wetland areas. The plans have been revised according to the staff report. Neal said after review of the project by the Community Planning Board,Hennepin County submitted its comments regarding a deficiency in sight distance along Pioneer Trail at Crestwood Terrace, and indicated that a solution for this problem needs to take place(see attached letter). City staff will be meeting with the County this week to discuss potential interim solutions for the sight distance deficiency prior to second reading for the project. The developer is requesting authorization for issuance of an early grading permit so this work can begin prior to 2°a Reading for the project. Dietz provided an update on the status of the county road improvement recommendations. He said there was a meeting Monday with Hennepin County staff and it was agreed that the burden to improve a 40-year-old intersection of Pioneer Trail should not be put on an 8-lot subdivision. He said alternatives were discussed and the county is beginning to think in terms of some kind of cooperative project with the city to look at improving sight distance. He said now that the county is aware of the short sight distance, they believe it's important to address it properly. Dietz said staff discussed with the consultant's engineer a potential solution that would involve raising the grade of Crestwood Terrace as it intersects Pioneer Trail. He said that could be as much as two feet and that modification could be made and work within the proposed grading plans. Dietz said it's possible there would be a proposed solution that could be implemented next year between the city and Hennepin County,but it may be that on an interim basis that the county could prohibit turns from that location and make it right in and right out only. Case asked if the location is where all the evergreen tree planting is on the corner. Dietz said it is on the corner and the property owner on the south has a number of evergreen trees as well. Case asked if there are plans to utilize or move the smaller trees to save them. Jeremiah said the recommendation is to always to save as many CITY COUNCIL MINUTES October 5,2004 Page 4 trees as possible. She said in this case they will lose as many as 21 percent of the trees on the property and the replacement is 60 caliper inches so there has been a significant effort to save trees. She said she believes most of them are larger trees so she is not positive about the potential to move some,but she will pass that recommendation along and make sure they utilize as many as possible. Mosman said only above a certain size qualifies for tree loss calculations, and not having looked at those trees, if they had not been pruned for transplanting, they grow out and have less of a chance of surviving. Therefore, she explained,transplanting may not be something the city can ask for. There were no public comments. MOTION: Young moved, seconded by Butcher, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 5.09 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 5.09 acres; and adopt the Resolution for Preliminary Plat on 5.09 acres into 8 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and authorize issuance of an early grading permit for Prairie Pines. 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 Butcher, Case, Mosman and Young voting "aye." X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Off Leash DoE Areas—Councilmember Mosman Mosman presented photos of area dog parks and explained the history of a proposed off leash dog area in the city. She said almost two years ago, a 1600- signature petition was received from residents requesting a fenced-in playground for dogs, and a task force studied the issue. She said the study resulted in hockey rink pens for off-season times, the approval of a 2-plus acre site in the Golden Triangle, and denial of the task force's first choice—part of a 42-acre parcel just west of the airport. CITY COUNCIL MINUTES October 5,2004 Page 5 Mosman said the hockey rinks are being used,but she is told there is not sufficient room for larger dogs to roam there. She said the 2-acre site has been waiting for a chain link fence and parking and may open yet this fall. She said the Cedar Hills park 42-acres of rugged and undeveloped parkland parcel was given to the task force to analyze and the task force recommended half of this to use. She said it was turned down because of neighborhood concerns about smell, safety,barking, etc. Mosman said the Metropolitan Airports Commission has an unofficial off leash area near MSP, and there are other off leash parks in Prior Lake and Bloomington. She said people take their dogs to run illegally in Eden Prairie parks and on the trails because there is no place to let a dog off its leash. Mosman said around the state and the country there is a big increase in development of off leash dog areas. She said in the Minneapolis St. Paul metro area, 42 of 45 cities contacted do allow dogs on leash on all of their public land and walkways and in 19 years there has been no incident of a dog biting a child in an off leash dog area in the Hennepin County Three Rivers Park District dog parks. She said Eden Prairie has about 2,200 licensed dogs and well over that number unlicensed. Mosman said on July 4, 2004, she asked dog owners if they'd like to see an off leash dog area in the city and no one said no. She said she also asked those without a dog who may not like dogs or who may be allergic to dogs if they'd favor an off leash dog park in the city and overwhelmingly no one said no. Mosman said dogs are social animals and need contact with other dogs and with people and there are psychological and physical problems dogs develop when they are kept in confinement. She said most common complaints received by Eden Prairie animal control officers are about loose animals in the parks and people not picking up after their animals. She said Three Rivers Park District is possibly going to open a 10-acre park area in Bryant Lake Park. Mosman said overuse is a concern and the intent of the Three Rivers District is to supplement,not supply, a city's off leash needs. She said the city has 2,500 acres of open public land and it is likely there are areas where off leash areas could be provided. She said neighborhood parks are planned within one mile of every home in the city and other communities should not have to take care of Eden Prairie's dog needs. She said annual maintenance of Bloomington's dog area is about$700. Mosman said facts need to come out about how the park areas function to cahn fears. She said she visited three different dog areas and they were all consistent in that they were not objectionable,not littered,no angry dogs,not a lot of noise and no smell. She showed photos of the 25-acre park in Bloomington. CITY COUNCIL MINUTES October 5,2004 Page 6 Case asked Lambert if there is no MAC land outside of zone B, outside of zone A,that would be 5 or 10 acres large enough for something like this. Lambert said staff has addressed that with MAC and to date they indicate it's not acceptable for that use. Mosman said criteria of what would be needed is more than one area in the city to avoid overuse; fencing and a gate; trash and out house service; periodic mowing; wood chipping in an entrance area; a buffer between off leash areas and yards; sufficient size to provide actual running and overcrowding with several acres desired; water,pond, creek and/or spigot; shade and seating. She said she hopes that council would agree to ask that this be looked at again because there is a significant amount of interest in it. Case asked Neal if it would be possible for staff to provide an update on how the current dog park system is working and the concept for additional access for dogs.Neal said yes and staff will take another look at the analysis and prepare a report for the council. 2. Synopsis on National League of Cities Leadership Summit— Councilmember Butcher Butcher provided an overview on a leadership summit she attended as part of the National League of Cities Leadership Institute. She said the conference was called Finding our Voices, Discovering the Foundations of Democracy. She said the program was designed to explore the foundations of democracy and understand the leadership role and responsibilities as a local official within democracy. She said it was focused on strengthening democracy within communities and there were many well-known speakers at the summit. She said they focused on the three primary components of democracy—creation, preservation and expansion—and how each of our cities are at various stages of democracy. Butcher said if you look at the different initiatives in the City of Eden Prairie, she believes the city is at various places in the three stages. She said it was a great conference and she is pleased to have attended. B. REPORT OF CITY MANAGER 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 CITY COUNCIL MINUTES October 5, 2004 Page 7 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 7:45 p.m.