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City Council - 02/18/2003 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 18, 2003 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,Manager of Parks and Natural Resources Stuart Fox,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage. I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens announced that Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors,please notify the City Manager's office(at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added an update on the Jean Harris award and scholarship. Tyra-Lukens added discussion on a bill in the Legislature to Reports of Councilmembers. MOTION: Case moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0. Mosman announced that there is a deadline of March 3,2003 for the Jean Harris scholarship and there have not been many applicants thus far for the two awards of$1000 each. She said requirements and information on the scholarship are on the City website. V. MINUTES A. COUNCIL WORKSHOP HELD FEBRUARY 4, 2003 MOTION: Butcher moved, seconded by Mosman,to approve as published, the Minutes of the Council Workshop held February 4,2003.Motion carried 5-0. CITY COUNCIL ALUMS February 18,2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 4,2003 City Attorney Ric Rosow noted that the record should reflect that it was Attorney Jennifer Inz rather than Joseph Nilan who attended the meeting. MOTION: Mosman moved, seconded by Young, to approve as published and amended, the Minutes of the Council Meeting held February 4, 2003. Motion carried 5-0. VI. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 2-2003 AMENDING CITY CODE, CHAPTER 9,BY AMENDING SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS (PAINT GUN ORDINANCE) B. APPROVE CHANGE ORDER NO. 2 FOR GLENSHIRE ADDITION AND WATER TREATMENT PLANT WETLAND MITIGATION IMPROVEMENTS,IC. 98-5467/02-5572 C. ADOPT RESOLUTION NO. 2003-33 APPROVING SUBMITTAL OF APPLICATION FOR 2002 HENNEPIN COUNTY RESIDENTIAL RECYCLING FUNDING POLICY GRANT D. APPOINTMENT OF ASSISTANT WEED INSPECTOR E. APPROVE 2003 AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL F. APPROVE 2003 TOWING SERVICES AGREEMENT G. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN BLOOMINGTON,EDEN PRAIRIE,EDINA AND METROPOLITAN AIRPORTS COMMISSION FOR CONSTRUCTION OF A PUBLIC SAFETY TRAINING FACILITY H. ADOPT RESOLUTION NO. 2003-34 APPROVING AMENDMENT TO THE PROJECT MANAGEMENT AGREEMENT FOR BLUFFS AT NINE MILE CREEK APARTMENTS (FORMERLY HEIGHTS AT VALLEY VIEW) I. ADOPT RESOLUTION NO. 2003-35 RELATING TO CITY MEMBERSHIP IN THE HABITAT FOR TECHNOLOGY Mosman commented on Item I. She said it should be noted that City Manager Scott Neal is on the board for Habitat for Technology and will help Councilmembers stay aware of what is happening with the group. She also asked how problems with paint guns are reported(Item A). Stuart Fox said it is easiest to contact the Police Department regarding problems. CITY COUNCIL MPaITES February 18,2003 Page 3 Neal noted that a couple of changes to the Habitat for Technology resolution were incorporated into the current draft of the document. MOTION: Case moved, seconded by Butcher,to approve Items A-I of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. WILLIAMS PLACE By Pemtom Land Company. Request for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres, from Low Density Residential to Medium Density Residential on 2.95 acres, from Industrial to Low Density Residential on 1.37 acres; Planned Unit Development Concept Review on 49.33 acres;Planned Unit Development District Review on 49.33 acres,Rezoning from Rural to R1-13.5 on 3 8.10 acre, Rezoning from Rural to RM- 6.5 on 6.46 acres; Site Plan Review on 6.46 acres; and Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way. Location: East of Highway 212, South of Anderson Lakes Parkway, and north of Sunnybrook Road. (Resolution No. 2003- 36 for PUD Concept Review,Resolution No. 2003-37 for Comprehensive Guide Plan Change, Ordinance for PUD District Review and Zoning District Change, and Resolution No. 2003-38 for Preliminary Plat) City Manger Scott Neal said official notice of this public hearing was published in the February 6,2003,Eden Prairie Sun Current and sent to 162 property owners. He said this residential project includes 79 single family homes and 48 townhouses. Guide plan changes are required for 6.17 acres of the property from Low Density Residential and Industrial to Medium Density Residential and from Industrial to Low Density Residential. Waivers are required for lot, size, lot frontage, setbacks, and density.Neal said a presentation will be given by Mr. Dan Herbst of Pemtom Land Co. and City Staff is also available to answer questions. Herbst gave a synopsis of the project,noting that approval was recommended by the Planning Board by vote of 6-1. City Planner Michael Franzen summarized the applicant's responses to Planning Board conditions. Mark Schwartz, 9303 Coldstream Lane, spoke in support of the modified proposal and also the residents involved in the process to find reasonable solutions. He also requested consideration of appropriately located stop signs at key 3-way intersections within the development; early implementation of traffic light control at the intersection of Anderson Lake Parkway and Homeward Hills Road; and opportunity to provide input on plans for the upgrade of facilities at Creekwood Park Tammy Schluder, 8936 Darnell Road, secretary for the Homeowner's Association for the Darnell neighborhood, said nobody from Pemtom has spoken to her group. She said the group is concerned whether a new traffic study has been made with the new proposal;whether there is a possibility of a cul-de-sac off the Darnell neighborhood; and if thought was given to the traffic levels through Darnell with the expansion of Anderson Lakes Parkway. She said traffic is the main concern and asked Council to keep an open mind to directing traffic through Aztec Road rather than Darnell. CITY COUNCIL MINUTES February 18,2003 Page 4 Public Works Director Eugene Dietz said an additional traffic study is not necessary because traffic volumes are based on an overall 20 percent reduction in the number of units,with total traffic at a 15 percent reduction in the Darnell neighborhood. He said the original proposal relied on connections through Darnell, Coldstream and Princeton and it is now important to have an interconnected residential street system to provide access to surrounding roads. City Engineer Al Gray explained the street system pattern through the neighborhood, and access to Route 212. Butcher asked Dietz about the early traffic light at Route 212. Dietz said a mitigation issue was the possibility of a traffic signal being constructed earlier rather than later at Anderson Lakes Parkway and Homeward Hills Road. He said it marginally meets signal warrants and there is the possibility of placing a temporary signal there until an eventual permanent signal. Butcher asked when Anderson Lakes Parkway is slated for improvement.Dietz said it's in the 2007-2015 timeframe. Tyra-Lukens asked if there are any stop signs within the neighborhood at the three- way stops. Dietz said it has not been looked at,but the possibility of three-way stops will be investigated. MOTION: Case moved, seconded by Butcher,to close the Public Hearing and adopt the Resolution for Change from Industrial to Medium Density Residential on 1.9 acres, from Low Density Residential to Medium Density Residential on 2.95 acres, and from Industrial to Low Density Residential on 1.37 acres; and adopt the Resolution for PUD Concept Review on 49.33 acres; and approve 1"Reading of the Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 on 3 8.10 acres and rezoning from Rural to RM-6.46 acres; and adopt the Resolution for Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and direct staff to issue a Land Alteration Permit to Pemtom Land Company. Mosman commented about the location of the wetlands and the possibility of a corridor for plant materials and wildlife. She said she would like to see the City look for the possibility of having more than symbolic ponds. Case said this is the last 30 to 40-acre site being reviewed and has been in the works for eight years.He said what makes the traffic flow work well is the connections. He said he is pleased to vote for a project that is so well-received and well thought out. Butcher gave credit to the staff,the developer and the neighbors. She said it was an exemplary process in bringing everyone together at the table, and she appreciates everybody's efforts in it. She said she feels good that the traffic study determined that there will actually be less traffic. Motion carried 5-0. CITY COUNCIL MINUTES February 18,2003 Page 5 B. MEYER ESTATES by Larry and Judith Meyer. Request for Preliminary Plat of 1.15 acres into 2 lots. Location: 16519 Pioneer Trail. (Resolution No. 2003-39 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the February 6, 2003,Eden Prairie Sun Current and sent to 60 property owners.He said the proposal is to subdivide the 1.15 acre site into 2 lots to permit the construction of an additional single-family home. The Community Planning Board voted 7-0 to recommend approval of the Plat at its January 27, 2003 meeting. This site and surrounding property is currently zoned R1-22. All lots meet City Code for size, dimension and setback requirements. The new home will be served with City water and sanitary sewer. The existing house will continue to utilize the private well and septic system,until which time the septic system fails and is required to connect into City sewer. There is one 14 caliper inch significant tree on the property. The tree is located within the area of the proposed house pad and will be removed. Tree replacement required is 19 caliper inches,which is shown on the plan.Neal said Jacob Meyer is here this evening representing the family. There were no public comments. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Preliminary Plat of 1.15 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. C. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres,Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Resolution for Preliminary Plat) City.Manager Scott Neal said official notice of this public hearing was published in the February 6,2003,Eden Prairie Sun Current and sent to 14 property owners. He said the proposal is for subdividing two existing single-family lots to create a third single-family lot. The Community Planning Board voted 4-3 to recommend approval of the project at its January 27, 2003 meeting. The Board recommended approval of the proposed waiver from the City code for no wetland buffer and wetland buffer setback for the lots with existing houses. This site and surrounding property is zoned R1-22. All lots meet City Code for size, dimension and setback requirements. Neal said the project is subject to the shoreland code since it abuts Bryant Lake. All lots conform to the code. Within a shoreland area no development or alteration is permitted on a bluff which is slope that averages 30% or greater. Lot 2 contains a bluff. No grading or house construction is proposed on the bluff. Significant tree loss is 447 caliper inches, or 20%. Tree replacement is 119 caliper inches. The tree replacement plan meets this requirement. CITY COUNCIL AENMS February 18,2003 Page 6 Neal said Mr. Lemettry and Mr.Paul Thorpe are both present tonight and available for comment. There was no public comment. Case mentioned the 4-3 split vote by the Planning Board. He asked if noncompliance for setbacks was being created in the existing homes and existing driveway on Lot 3. Franzen said there is a 3-foot setback requirement. Case asked if a house could be put on the lot reasonably well. Franzen said requirements are met through how the measurement is determined. Case said he is comfortable with it,but he appreciates the split vote because it helps the Council not set precedence. Bob Franzen, 6851 Beach Rd.,read a letter from his neighbor Bob Carlson who wrote in opposition of the project.Mr. Franzen stated he does not see how the trees at the top of the hill will be replaced and he does not like the idea of"shoehorning'new lots into this area, and the precedent here is not a good one. Stuart Fox spoke about the tree question. He said when the tree preservation ordinance was developed, it was written for undeveloped land. He said based on the mitigation requirements of 122",trees are being placed along the driveway and also on the front yard of the lot next door. Case was concerned about damage to Lot 2. Fox said Lot 2 is basically where the tree loss occurs. Fox said basically it involves taking the land in total, counting up all the trees on it, and then subtracting trees on Lot 2 being lost for the house,but the credit is being spread out for all three lots. Jim McNeal of 7251 Willow Creek Road, said his property is directly across the lake from this property and he is devastated to see people making lots out of other lots. Bruce Paradis of 12530 Beach Circle said proposed Lot 1 was recently developed and there was a large amount of trees taken out of that lot. He spoke in opposition of the proposal because of the tree loss, and said he is opposed to subdividing lots on the lake. MOTION: Young moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the R1-22 Zoning District on 3.2 acres; and adopt the Resolution for Preliminary Plat of 3.2 acres into 3 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case said he was concerned about addressing this same issue down the road and said he is feeling unsure about voting in favor of it. Tyra-Lukens said she is uncomfortable with the entire parcel of land not meeting the Code coming out of another parcel of land. CITY COUNCIL AH UTES February 18,2003 Page 7 Butcher asked the City Attorney if there are ramifications if the Council does not approve this tonight.Rosow said yes, the record should reflect that although Councilmembers are talking in general terms,the project does not meet all the requirements because there are waivers required. He said Council is not required to give waivers,nor can Council be arbitrary in giving waivers. Mosman suggested that Council work with Staff,possibly at a workshop,to talk about general direction. Young said property owners have the right to expect that they have rights to do certain things with their property, and they have a right to expect that when it comes to doing things with their land,they can do so as long as they meet the City Code, and other requirements. Franzen stated Council has at least 30 days before the 120-day clock expires for this application. Case suggested conducting a workshop for a site visit, legal discussion, and to study variances needed, and implications and ramifications. Young and Case withdrew their motion and second. MOTION: Case'moved to continue the Public Hearing until Tuesday,March 4, 2003. Seconded by Mosman, motion carried 5-0. Tyra-Lukens asked that Councilmembers with concerns on this topic relay them to Mr.Neal who will provide the information to the entire Council. D. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF SOUTHWEST STATION,VACATION 03-04 (Resolution No. 2003-40) City Manager Scott Neal said official notice of this public hearing was published in the January 23, 2003,Eden Prairie Sun Current and sent to two property owners. He said North American Properties has requested this vacation to allow reconfiguration of the pond and construction of a deck over a portion of the pond adjacent to restaurants proposed on the site. The pond exclusively serves the Southwest Station site and will be maintained by the property owner. Vacation of the easement will not affect the function of the pond.Neal said Staff recommends approval. There were no public comments. MOTION: Butcher moved, seconded by Case,to close the public hearing; and adopt the resolution vacating the drainage and utility easement over part of Southwest Station. Motion carried 5-0. VIII. 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 Butcher, Case,Mosman,Young and Tyra- Lukens voting"aye." CITY COUNCIL.M ff=S February 18,2003 Page 8 TX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. Update on the Business Retention/Economic Development Program— David Lindahl,Economic Development Manager Lindahl said the group has been meeting with CEOs and presidents of Eden Prairie businesses since September and the purpose of the meetings has been to renew relationships with the business community. He said the group has met with 35 businesses so far and all have stated their appreciation for the meetings. He named all businesses and said meetings should be held with nearly 80 businesses by the end of the year. He said there have been issues regarding geese in the area. He said there are 2200 businesses in the area.Neal thanked Lindahl for doing a good job with this. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Summary of the City Manager's Six Month Evaluation— Mayor Tyra-Lukens Tyra-Lukens gave a summary of the evaluation and said Neal was accoladed for his professionalism,presentation skills, awareness of need for change, trust by employees and open communication. She said Council is pleased with the decision to hire Mr.Neal. She said Councilmembers Young and Case will be working as part of the annual performance review team for Mr. Neal. 2. Tyra-Lukens also stated concerns about a bill that recently passed through the House Civil Law Committee that makes it easier for any non-felon to carry concealed weapons in public places. B. REPORT OF CITY MANAGER 1. Summary of Council Strategic Planning Session and Future Timetable— Scott Neal, City Manager Neal said there was a retreat held Feb. 7-8 where productive planning took place. He said notes from the retreat will be used to draft a preliminary strategic plan that will be provided to the Council on March 11, 2003. C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AB NUTES February 18,2003 Page 9 1. Disposition of Edenvale Outlots—Gene Dietz,Public Works Director Dietz gave the history of when and how the outlots in the Edenvale neighborhood were created. He stated that the significant change is that the area was originally planned to be mostly multi-family and that the actual development has been predominantly single family. Single family homeowners associations tend not to be viable, since there is usually not hired staff to manage the affairs in contrast to multi-family projects where exterior maintenance creates the need for paid management. Therefore,he recommends that the 21 outlots in the neighborhood would be better managed as open space if they were owned by the City of Eden Prairie. Tyra-Lukens asked how we are now dealing with the creation of new outlots. Dietz said that outlots are still being created in multi-family projects that are owned by associations,but that outlots in single family areas tend to be owned by the City. However,these tend to be much larger in size and are created to protect significant land features such as woods,wetlands and steep slopes. Staff has made significant efforts to avoid the creation of outlots similar to the ones created in the Edenvale area. Mosman said it's desirable to see that some of the pieces will be protected. She also said it would be desirable to have some clear set of rules given to property owners as to what is allowed on these properties. Dietz said the City would probably need to police it to some extent. Young asked what the costs of the policing would be to the City. Dietz said there will be expenses,but there are numerous parcels that the City must monitor and that these outlots will be a relatively small percentage of the total responsibility. Mr. Person commented and said he supports Mr. Dietz's recommendation. Mr. Strate said if a comprehensive solution is not reached,there will be many expenses to the City. Strate said he thinks Dietz's recommendation is a good one. MOTION: Mosman moved to approve Staff recommendation for the disposition of Edenvale Outlots. Seconded by Case, motion carried 5-0. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY CITY COUNCIL HEWTES February 18,2003 Page 10 XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:15 p.m.