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City Council - 09/15/1998 1 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 15, 1998 8:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Director of Parks,Recreation&Natural Resources Bob Lambert,Director of Public Works Eugene Dietz,Finance Director Don Uram, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Acting Mayor Tyra-Lukens called the meeting to order at 8:05 p.m. Mayor Harris was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added item M.B.2. Recommendation to Hire a Real Estate Consultant. MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to approve the Agenda as published and amended. Motion carried 4-0. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 1. 1998 Thorfinnson said the motion in paragraph 3, page 8, should be changed as follows: "...1)prior to final approval proponent will put together a TDM program...." MOTION: Case moved, seconded by Thorfinnson,to approve as published and amended the Minutes of the City Council meeting held Tuesday, September 1, 1998. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AI MUTES September 15, 1998 Page 2 B. RESOLUTION 98-165 APPROVING FINAL PLAT OF BOULDER POINTE 7TH ADDITION C. EDEN PRAIRIE CITY CENTER AND FIRE STATION by City of Eden Prairie. 2nd Reading of Ordinance 25-98 PUD-18-98 for Planned Unit Development District Review and Zoning District Amendment in the I-5 Zoning District on 30 acres, and Resolution 98-166 for Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Ordinance 25-98-PUD-18-98 for PUD District Review and Zoning District Amendment and Resolution 98-166 for Site Plan Review) D. RESOLUTION 98-167 ORDERING PREPARATION OF AN ALTERNATTVE URBAN AREA-WIDE REVIEW FOR ADC TELECOMMUNICATIONS E. RESOLUTION 98-168 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1998 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR DESIGN AND CONSTRUCTION SERVICES FOR WELL HOUSE #13,I.C. 98-5441 G. RESOLUTION 98-169 APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH MnDOT FOR CONSTRUCTION OF TH 212-STAGE H,I.C.93-5302 H. RESOLUTION 98-170 APPROVING TRAFFIC CONTROL SIGNALS AGREEMENT ASSOCIATED WITH TH 212-STAGE H.I.C.93-5302 I. RESOLUTION 98-171 APPROVING TRAFFIC CONTROL MAINTENANCE AGREEMENT ASSOCIATED WITH TH 212-STAGE H J. RESOLUTION 98-172 AUTHORIZING EXECUTION OF AN AGREEMENT TO TERMINATE THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE ELIM SHORES PROJECT K. AUTHORIZE ISSUANCE OF EARLY GRADING PERMIT FOR CROSSTOWN CIRCLE CENTRE L. SET COUNCIL/STAFF WORKSHOPS FOR: 1. OCTOBER 6, 1998.5:00-6:30 PM,Fee Philosophy And Policy 2. OCTOBER 20, 1998,5:00-6:30 PM.Enterprises.Liquor and Utilities CITY COUNCIL MINUTES September 15, 1998 Page 3 MOTION: Butcher-Younghans moved, seconded by Case,to approve items A L on the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/MEETINGS A. WATERS EDGE AT PURGATORY CREEK by MSS Holdings,LLC. Request for Rezoning from Rural to R1-13.5 on 8.32 acres and Preliminary Plat of 8.32 acres into 10 lots and one outlot. Location: 12645 Sunnybrook. (Ordinance for Zoning District Change, and Resolution 98-173 for Preliminary Plat) Enger said the office notice of this Public Hearing was published on August 13, 1998 in the Eden Prairie News and mailed to 52 property owners. Perry Ryan,representing Ryan Engineering, reviewed the proposal. He said the revised project has increased the average lot size, and it now has a gross density of 1.2 units per acre. He noted they will ask for an early grading permit if the project receives approval tonight. Uram said the Planning Commission reviewed the project at its August 24, 1998 meeting and voted 6-0 to recommend approval, subject to the recommendations of the Staff Report of August 21, 1998. He noted they are dedicating 2.7 acres of land on the south edge of the project as part of the Purgatory Creek Conservation Area. The project was not reviewed by the Parks,Recreation&Natural Resources Commission. Case asked what will happen on the western border of the project when the adjacent parcel develops. Uram said right-of-way has been extended to the property line and the property to the west could be divided off the current cul-de- sac. The utilities are stubbed. Case asked if that would make the cul-de-sac longer than 500 feet. Ryan said the cul-de-sac would not be extended because the homeowners would have access to the cul-de-sac but also to Sunnybrook Road. Referring to the Staff Report of August 21, Tyra-Lukens asked if the final sentence of the paragraph on page 3 regarding the Purgatory Creek Master Plan means there will be no grading or clearing in the conservation area. Ryan said the lot line goes into that area,but there will be no grading or clearing permitted. Tyra-Lukens then asked how that will be communicated to the homeowners. Ryan said they will use the carsonite markers to delineate the conservation area. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Thorfinnson,to close the Public Hearing;to approve 1 st Reading of the Ordinance for Zoning District CITY COUNCIL MINUTES September 15, 1998 Page 4 Change from Rural to R1-13.5 on 8.32 acres;to adopt Resolution 98-173 for Preliminary Plat of 8.32 acres into 10 lots and 1 outlot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. MOTION: Thorfinnson moved, seconded by Case,to authorize an early grading permit to be issued at the developer's own risk. Motion carried 4-0. B. THE FATHER'S HOUSE by The Father's House. Request for Zoning District Amendment in the Public Zoning District on 10.04 acres and Site Plan Review on 10.04 acres. Location: Southwest corner of Duck Lake Trail and Eden Prairie Road. (Ordinance for Zoning District Amendment) Enger said the office notice of this Public Hearing was published on August 13, 1998 in the Eden Prairie News and mailed to 97 property owners. Dave Tibrock,representing Miller Architects and Builders,reviewed the proposal for a 5640 square foot addition to the existing building. Uram said the Planning Commission reviewed the project at their August 24, 1998 meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of August 21, 1998. The project was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Younghans,to close the Public Hearing; and to approve 1 st Reading of the Ordinance for Zoning District Amendment in the Public Zoning District on 10.04 acres. Motion carried 4-0. C. VACATION 98-06: DRAINAGE AND UTILITY EASEMENTS AND RIGHT-OF-WAY IN BLUFFS WEST SECOND ADDITION (RESOLUTION 98-174) Enger said the office notice of this Public Hearing was published on August 20, 1998 in the Eden Prairie News and mailed to 12 property owners. Dietz noted this is a housekeeping item. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to close the Public Hearing; and to adopt Resolution 98-174 Vacating Drainage and Utility Easements and Right-of-Way in Bluffs West Second Addition. Motion carried 4- 0. CITY COUNCIL MINUTES September 15, 1998 Page 5 VI. PAYMENT OF CLAIMS Tyra-Lukens asked what the various violation fees were for. Uram said it is a fee collected from softball teams that forfeit games in order to reimburse the City for not using the fields they reserved. MOTION: Butcher-Younghans moved, seconded by Case,to approve the Payment of Claims as submitted. Motion carried on a Roll Call vote with Butcher-Younghans, Case,Thorfmnson and Tyra-Lukens voting"aye." VII. ORDINANCES AND RESOLUTIONS A. APPROVE 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2. SECTION 2.87.EMERGENCY MANAGEMENT Uram said the Minnesota statute changed in 1996, and this is a housekeeping item to update City Code for the Emergency Management Section. MOTION: Thorfinnson moved, seconded by Case,to approve 1 st Reading of an Ordinance Amending City Code Chapter 2, Section 2.87. Motion carried 4-0. VIII. PETITIONS,REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Set Council/Staff Workshop for Thursday. October 15, 1998,from 1-5 P.m. on Vision 2001 Strategic Planning Enger said Staff is recommending that a workshop session be held in order to finalize the process of Strategic Planning that Councilmembers have been involved in for many months. They plan to use a representative sample of City Staff to work on emerging issues. They plan to use a private sector tool used by large corporations with their upper management for development of strategic management issues. They will use a series of net-worked laptop computers and decision-making software. CITY COUNC11L MINUTES September 15, 1998 Page 6 2. Recommendation to Hire a Real Estate Consultant Enger asked the Council to authorize Staff to engage the services of a commercial real estate professional to assist with negotiations with C. H. Robinson on issues regarding their lease renewal. They are getting to the point where both sides would like some additional professional help in reaching the conclusion of the negotiations. MOTION: Thorfumson moved, seconded by Butcher-Younghans,to authorize Staff to engage the services of a commercial real estate professional to assist with the lease renewal negotiations with C. H Robinson. Motion carried 4-0. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Case moved, seconded by Thorftnnson,to adjourn the greeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at-8:25 p.m.