Loading...
City Council - 12/07/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 7,2004 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 called the meeting to order at 7:04 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens announced the retirement of Councilmember Mosman who did not run for re- election this past fall. Tyra-Lukens read a proclamation in honor of Mosman who served from 2001 to 2004, recognizing her for her dedication and commitment to the City of Eden Prairie. Tyra-Lukens thanked Mosman for her years of service, noted her accomplishments as a councilmember, and proclaimed December 8, 2004 as Jan Mosman Day in the City of Eden Prairie. Mosman added a summary under Reports of Councilmembers.Neal added a Chamber of Commerce item for discussion and a brief report from National League of Cities Conference under Report of City Manager. Neal also noted a simple change in the cover sheet for Item VII.C. relating to changes in the sign ordinance. MOTION: Case moved, seconded by Butcher,to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. OPEN PODIUM HELD TUESDAY,NOVEMBER 23, 2004 MOTION: Mosman moved, seconded by Case to approve the minutes of the Open Podium held Tuesday,November 23,2004. Case asked if the council really wanted to do minutes for the Open Podium and said there was previous discussion on the format being more of an open discussion. Neal CITY COUNCIL MINUTES December 7,2004 Page 2 said it is an item of discretion for the council and said since he has been here, there have been notes taken of that section of the meeting. Neal said those sections of the meeting are not electronically recorded or aired on television,but if the council as a group chooses to discontinue the taking of minutes, it could be accommodated. Case asked if there is a legal question that we need to have documentation on what was said at the open meetings. Rosow said it's probably appropriate to have some record made because it is legitimately a meeting of the council and the notice for the meetings includes the fact that the sessions are held. Case said he would prefer a more abbreviated form for the minutes of these sessions. Councilmembers expressed support for an abbreviated format for the minutes of Open Poduim. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 23, 2004 MOTION: Butcher moved, seconded by Case to approve the minutes of the City Council Meeting held Tuesday,November 23, 2004. Motion carried 5-0. VI. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2004-164 APPROVING FINAL PLAT FOR PRAIRIE PINES B. ADOPT RESOLUTION NO. 2004-165 REQUESTING MNDOT TO PROVIDE FUNDING THROUGH FY 2006 MUNICIPAL AGREEMENT PROGRAM FOR THE MAJOR CENTER AREA TRAFFIC SIGNAL IMPROVEMENT PROJECT,I.C. 02-5584 C. ADOPT RESOLUTION NO. 2004-166 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT,I.C. 01-5527 D. ADOPT RESOLUTION NO. 2004-167 REGULATING FEES AND CHARGES FOR 2005 BUSINESSES, LICENSES, PERMITS AND MUNICIPAL SERVICES E. ADOPT RESOLUTION NO. 2004-168 RELATING TO $1,137,000 GENERAL OBLIGATION EQUIPMENT NOTES, SERIES 2004B F. ADOPT RESOLUTION NO. 2004-169 APPROVING SALE OF LOT 6 BLOCK 2, SUNSET RIDGE (6600175 AVENUE WEST) G. AUTHORIZE REMOVAL OF REQUIREMENT FOR REALIFE INC. TO CONSTRUCT TRAIL CONNECTION FROM REALIFE VALLEY VIEW COOPERATIVE PROPERTY TO SMETANA LAKE TRAIL CITY COUNCIL MINUTES December 7,2004 Page 3 MOTION: Case moved, seconded by Mosman, to approve Items A-G of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS /MEETINGS A. EDEN HEIGHTS ESTATES by Premier Development. Request for Planned Unit Development Concept Review on 24.78 acres,Planned Unit Development District Review with waivers on 24.78 acres, Zoning District Change from R1-22 to R1-13.5 on 18.62 acres, and Preliminary Plat of 24.78 acres into 47 lots. Location: Southwest corner of Pioneer Trail and Eden Prairie Road. (Ordinance for PUD Review and Zoning District Change; Resolution No. 2004-170 for PUD Concept Review, Resolution No. 2004-171 for Preliminary Plat) City Manager Scott Neal announced that official notice of this public hearing was published in the November 25, 2004,Eden Prairie Sun Current and sent to 120 property owners. He said this for a single-family subdivision for 47 lots, to include 39 lots for new single-family homes and 8 lots with existing single-family homes. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its November 22, 2004 meeting. He said the proposed density is 2 units per acre for the 18.62 acres to be zoned Rl- 13.5. The density of the overall 24.78 acre project area, including the single-family lots along Hilltop Road is 1.9 units per acre. Neal said the following waivers are proposed as part of the Planned Unit Development: 1. Lot size less than 13,500 sq. ft. for Lots 5 — 11,Block 1, and Lot 1,Block 3. The lot sizes vary between 12,041 sq. ft. and 12,854 sq. ft. to accommodate the upgrade of Pioneer Trail and to provide room for a trail. The trail could be located in an easement and then there would be no lot size waivers; however it is better for the City if the trail is under public ownership and not located on private property. 2. Lot frontage less than 85 feet for Lots 12-14, Block 3. The lot frontages vary between 48 feet and 80 feet. The street could be redesigned to have a"bubble"cul-de-sac and the lots would meet the 55 foot requirement. However the plan is better with less pavement and more green space in the front yards. Neal said the plans have been revised according to the staff report. Jeremiah noted that the developer is in attendance. Case asked staff about plans to signalize the intersection at Gateway Lane. Dietz said there are no plans to do that and he thinks for some period of time once the improvements to Pioneer Trail are made, there will be more sufficient gaps.He said it was one of the arguments made for trying to get a connection down to Hilltop Road. He said he is certain that the 41 lots will not create warrant for a signal there,but it would be in the county's control for the future. CITY COUNCIL MINUTES December 7,2004 Page 4 Case asked when the Pioneer Trail four-way section between 212 and Eden Prairie Road planned for 2006 extends 200 to 300 feet west, does it extend to Gateway. Dietz said he thinks it ties into somewhere around the Gateway area,but the exact location is not finalized. He said we know there will be a median near the intersection,but there will not be a median at the Gateway location in the 2006 project,but beyond that there is no schedule for the balance of the project. He said because of the proximity of homes along that segment along Pioneer Trail, it is more likely to look more like the reconstruction of Eden Prairie Road north of Pioneer Trail. Jeff Charnes of 9099 Gould Road said he is also speaking on behalf of his wife,Mary and neighbors Dave and Sue Larson of 9098 Gould Road. He said the concept presented by the developers is very attractive and totally in concert with his perceived view of the future of those properties. He said they have had a number of conversations with the developer and the developer has been cooperative about providing information. Charnes,his wife and Dave Larson attended the Planning meeting and generally agreed with what they heard. However, the discussion on the need for a new variance on the lots, Variance 1, was a surprise to them.He said the developer did not ask for that variance and staff had suggested it to accommodate possible needs for the county. He said concerns are that staff and the developer refer to what the county might want to do when they expanded County Road 1. Charnes said the layout proposed for the new development may be drawing a line in the sand which would direct all pressure to the north when plans were drawn to widen Pioneer Trail. He said the new properties planned to border Pioneer Trail would now, by the proposed variance, already be smaller than allowed by the city for this area and it would seem that the ability by the county to acquire additional footage to the south would then be out of the question. Charnes said at a meeting last September, the county displayed preliminary plans for the new road bed. He said it extends 17 feet into the properties to the north of the road, in addition to the 16.5-foot grassy boulevard. He said Larson has had conversations with city staff members in the past weeks and they indicated that they had discussion with the county on the topic of road expansion. Charnes said he has had multiple conversations with the developers' staff and they indicated they have also discussed road expansion with the county. He said he has asked the county questions about the expansion and was directed to his Community Advisory Council representative who indicated he would receive a newsletter at some point in time. Charnes said it is the county's position that it is early in the planning stages,however, it seems that serious discussions are being held, decisions made,without an ability to provide input or to ask questions about the project. Charnes said they feel that before the development is finalized and approved by the council,there needs to some type of joint meeting between the county, city, developers and affected homeowners to review agreements that have already been made. CITY COUNCIL MINUTES December 7,2004 Page 5 Chames said he always expected that Pioneer Trail would be lighted and he and his friends and neighbors are willing to live with the 16.5-foot boulevard,but county plans extend that another 17 feet to the north and they aren't prepared to accept that without expressing concern. He said they are suggesting that if the county requires additional land for the project, it should be taken from properties that are abandoned to the south. Chames said they are concerned that acceptance of this proposal subjects them to the whims of the county planners and at the same time limits the planners' acquisition options for property to the south. He asked if the proposed development can be shifted south to allow a larger buffer zone and more flexibility for county planners should they need it. Dietz said he thinks that the next phase of the project will get Pioneer Trail built to the intersection and then taper down. He said the plan has not been finalized and he suspects there will be some compromise in terms of having a full median everywhere and it will be much more like County Road 4 in the end. He said he believes there is a limitation to what can be expected for dedication and the north side dedication probably was in the vicinity of 17 additional feet so the north half right of way would probably be 50 feet in width. He said we are getting substantially more than that from the south side and there are some limitations as to what can be expected for free. He said he thinks in the future when the time comes to upgrade westerly of Eden Prairie Road,there will be a public hearing process and the residents will be included. Dietz said the drawings represent a worse case scenario that required a certain amount of dedication from this project and we are receiving that to the extent that we would use it and the extent that we would encroach to the north is yet to be determined. This is a very preliminary thing that has no sanction or approval and is just a concept. Case asked how many more than typical 50-foot right-of-way we are gaining because of the additional land on the south side. Dietz said on the north side, a total of 50 feet, 33 plus 17,was obtained, and the south side it is 27 plus more in the easterly end of it. Case clarified that there would be 77 feet on the south side to work with and 50 on the north. The developer's representative(name?) stated that figure is close and it is going to be somewhere between 100-127 feet from Gateway over to the east end of the project. Case asked what lot number the Marshall Farm Market ends on. Dietz said Lot 9. There were no further public comments. MOTION: Mosman moved, seconded by Butcher, to Close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 24.78 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1-22 to R1-13.5 on 18.62 acres; and adopt the Resolution for CITY COUNCIL MINUTES December 7,2004 Page 6 Preliminary Plat on 24.78 acres into 47 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case acknowledged that Charnes' concerns are well understood and specifically because Case lives on Pioneer Trail, he will be part of this second stage. He said it is early in a deep process and he is pleased with what is going on in the second leg, in pulling constituent representation from all sections. Motion carried 5-0. B. HENNEPIN VILLAGE SITE C REZONING by Dan Herbst,Hennepin Village LP. Request for Planned Unit Development Concept Amendment on 11.99 acres, Planned Unit Development District Review on 11.99 acres, Zoning District Change from RM 6.5 to R1-9.5 on 11.99 acres, Site Plan Review on 11.99 acres, and Preliminary Plat of 11.99 acres into 40 lots. Location: North of Highway 212, east of Spring Road. (Ordinance for PUD District Review and Zoning District Change; Resolution No. 2004-172 for PUD Concept Amendment, Resolution No. 2004-173 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the November 25, 2004, Eden Prairie Sun Current and sent to 36 property owners. He said this is for an amendment to the approved Hennepin Village plan unit development to rezone 11.99 acres from multiple family to single family for 40 single family homes. He said the project requires the following waivers for lot size, setbacks, and density in the R1-9.5 zoning district: • Lot size from 9,500 SF to 3,240 SF. a Density from 3.5 units per acre to 6.89 units per acre. a Site area per unit from 9,500 SF to 7,200 SF. e Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. Neal said these are the same waivers granted for the other areas in the planned development that are zoned R1-9.5. The Community Planning Board voted 7-0 to recommend approval of the project at its November 22,2004 meeting. Jeremiah noted that the developer is present. Neal added that there are other issues going on now and considerations for aspects of future Hennepin Village development,but this is not one of those. He said this is for something we have seen before, made an amendment to, and now going back to how it was originally. CITY COUNCIL MINUTES December 7,2004 Page 7 There were no public comments. MOTION: Butcher moved, seconded by Case,to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 11.99 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from RM-6.5 to R1-9.5 on 11.99 acres; and adopt the Resolution for Preliminary Plat on 11.99 acres into 40 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case noted that Hennepin Village has come before the council several times for tweaking and this is one of the most complicated PUDs spread over time with developing stages that have been approved. He said it is not surprising with market changes and that developers come back and ask that things be tweaked and this is normal and reasonable. Motion carried 5-0. C. ORDINANCE AMENDING CITY CODE SECTION 11.70,RELATING TO SIGNS City Manager Scott Neal announced that official notice of this public hearing was published in the November 25, 2004,Eden Prairie Sun Current. He said there are two revisions: l. The code currently states in some sections of the code that approval is required by the City Manager, or the City Manager's designee. These items are being repealed since the City does not use or need this discretion and the amendment conforms to the City Code by established City practice. 2. Adding language for a person violating the sign code, if convicted, shall be punished as a misdemeanor. Neal said the Community Planning Board voted 7-0 to recommend approval of the code change at the November 22, 2004, meeting. Rosow said in reviewing the provisions that are being amended, it was noted that there are two minor grammatical changes he would like to have included in the first reading. They are: 1. Substituting a colon for a period in 11.70, Subd. 5E. The sentence ends with the"notice."with a period preceding a listing of three items and that's where the colon should be. 2. Removing the"/or" at the end of Item 1 under 11.70 Subd. 5E. Item 1 ends with the phrase"and/or" and then goes on to items 2 and 3, and it really should just be"and." Rosow said the amendment is being proposed essentially to bring into conformance the code with the actual city practices as stated that the items are being repealed since CITY COUNCIL MINUTES December 7,2004 Page 8 we don't use or need that authority and don't use that discretion and it conforms to the city's historic practice in this regard. MOTION: Case moved, seconded by Mosman, to close the Public Hearing and Approve I"Reading of the Ordinance Amending City Code relating to signs. The amendment,if adopted, would repeal City Code Section 11.70, Subd. 4. A. 9., B. 10., C. 5.D. 7.,relating to reviews and approvals of the City Manager or designee; add provisions to Subd 3.II regarding performance standards, and add penalty provisions Section 11.99, including changes as proposed by the City Attorney. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher to approve the Payment of Claims. There was no action on this item because the list was not available. IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE TO CHANGE THE NAME OF SPRING ROAD TO MITCHELL ROAD, SOUTH OF PIONEER TRAIL City Manager Scott Neal announced that Mitchell Road will continue southward from its present terminus at Pioneer Trail to the newly constructed Spring Road. He said presently, Spring Road lies across Pioneer Trail in alignment with Mitchell Road. Staff proposes to change this section of Spring Road to Mitchell Road. Spring Road has been realigned with the Hennepin Village Plats, and travels south and westerly of Grace Church to the intersection with Eden Prairie Road. Neal said no residents or business addresses are affected by this change. MOTION: Mosman moved, seconded by Butcher, to approve First Reading of an Ordinance changing the name of Spring Road to Mitchell Road, south of Pioneer Trail, approximately 2000 feet to its intersection with the new alignment of Spring Road. Motion carried 5-0. X. PETITIONS_,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Mosman—Summary Mosman gave a summary of where the city was at the beginning of her tenure as well as where the city is now and also a list of projects.Highlights included CITY COUNCIL rvMVMS December 7,2004 Page 9 improvement of infrastructure at Flying Cloud Airport, improvement of resident and business participation in the city, saving natural areas and wetlands,reuse of historic buildings, and promotion of development of varied housing. She said four years ago, the city was rated a AA Bond rating and today has been brought up to a AAA rating—the best rating possible. She listed some project improvements from the last several years and noted the fiscally responsible way in which staff, advisory commissions and the elected city council have helped accomplish remarkable results without wasting taxpayer dollars. She said these are examples of how the City of Eden Prairie works to provide quality amenities, services and facilities for its residents and businesses in the most cost effective manner possible. Mosman read a story she said her daughter used as a school project and addressed it to residents of the city because it shows how the city's excellent staff and city council operates and does a good job of it. B. REPORT OF CITY MANAGER Neal announced that an invitation has been received from the Eden Prairie Chamber of Commerce to participate in this year's Minnesota Chambers 2005 Session Priorities dinner. He said the event will be downtown at Hilton Minneapolis on Wednesday, January 5, 2005 starting at 4 p.m. with issue briefings,reception at 5 p.m., Governor speaks at 6:45 p.m., dinner from 7-8 p.m. and adjournment at 9 p.m. He said the Eden Prairie Chamber has reserved seats and if there is interest in having those seats,we need to notify them. Neal provided a review on this year's National League of Cities conference he attended last week in Indianapolis. He said attendance was light,but there was an interesting assortment of issues including much discussion on all ends of the political spectrum on immigration issues. He said there were also a number of different sessions on taxation preemption issues, especially on the national streamlined sales tax project as it proceeds further in its development. He said those issues aren't as big for Minnesota cities because most of us do not receive direct sales tax dollars, and they are much bigger in states like Washington,Nevada and Texas where they depend on the sales tax for their issues. 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 CITY COUNCIL M NUTES December 7,2004 Page 10 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:59 p.m.