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City Council - 03/02/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 2, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson Jr., Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Services Director Jim Clark, Public Works Services Director Gene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow, Council Recorder Rita Maiser I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger deleted item VI.A.3, Public Hearing on Riley Creek Valley Land Acquisition. MOTION: Tyra-Lukens moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL /STAFF WORKSHOP HELD TUESDAY, FEBRUARY 16, 1999 MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve City Council/Staff Workshop held on Tuesday, February 16, 1999 as published. Motion carried 5-0. CITY COUNCIL MINUTES March 2, 1999 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 1999. MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, February 16, 1999 as published. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE APPLICATION LIST B. RESOLUTION 99-30 FINAL PLAT APPROVAL OF WATER'S EDGE AT PURGATORY CREEK C. RESOLUTION 99-31 APPROVING METRO GREENWAYS ACQUISTION GRANT —RILEY CREEK VALLEY LAND ACQUISITION D. RESOLUTION 99-32 METRO GREENWAYS PLANNING GRANT E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP INTERSECTION IMPROVEMENTS AT MITCHELL ROAD AND ANDERSON LAKES PARKWAYISCENIC HEIGHTS ROAD F. APPROVE CHANGE ORDERS FOR FIRE STATION NO. 1 (14800 SCENIC HEIGHTS DRIVE) MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve Items A- F on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS A. OUTDOOR RECREATION GRANT APPLICATIONS 1. RESOLUTION 99-33 NESBITT PRESERVE PARK RENOVATION Lambert discussed the Nesbitt Park Renovation, which will include a park shelter, hockey rinks, skating rink, picnic area and playground. The cost of the renovation is $400,000 with the grant request for $200,000. 2. RESOLUTION 99-34 RILEY LAKE PARK SHELTER The cost of construction of a 54' diameter park shelter is $221,400 with the grant request for $110,700. CITY COUNCIL MINUTES March 2, 1999 Page 3 3. RESOLUTION 99-35 MILLER PARK SHELTER The cost of construction of a 60' diameter park shelter is $336.867 with the grant request for $168.434. Thorfinnson asked what the grant applications involve. Enger said matching funds will be provided if the grant is given. Acceptance of the grant commits the Council to take and use the money for the intended purpose; however, the Council can turn down the grant. There were no members of the public present to speak. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the Public Hearing and approve Resolutions 99-33, 99-34, and 99-35. Motion carried 5-0. B. VACATION 99-01: DRAINAGE AND UTILITY EASEMENTS OF PART OF BEARPATH ADDITION (RESOLUTION 99-36) Enger said the official notice of this Public Hearing was published on February 18, 1999, and mailed to 14 property owners. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing and adopt Resolution 99-36 in support of Vacation 99-01. Motion carried 5-0. C. VACATION 99-02: EASEMENT FOR SANITARY SEWER-NE QUARTER OF SE QUARTER OF SECTION 10 (RESOLUTION 99-37) Enger said the official notice of this Public Hearing was published on February 18, 1999, and mailed to 2 property owners. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the Public Hearing and adopt Resolution 99-37 in support of Vacation 99-02. Motion carried 5-0. VII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve payment of claims as submitted. Motion carried on a roll-call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens, and Harris voting "Aye." CITY COUNCIL MINUTES March 2, 1999 Page 4 VIII. ORDINANCES AND RESOLUTIONS A. PERKINS SUBDIVISION by James Perkins. Request for Preliminary Plat of 3 acres into three lots. Location 7012 Willow Creek Road. (Resolution 99-37) Perkins proposed changes from the three-lot subdivision granted in 1989. The Planning Commission approved the revised plan, with modifications by the DNR. Under the new proposal, setback to the Nolan property would decrease, some smaller trees would be removed from the Nolan property line increasing tree loss, and there would be two driveway easements instead of one. Two of the sites would share one septic system. Shoreline setbacks would increase on lots 1 and 2. Enger presented the background. He questioned the viability of two homes on one septic system. Enger received a letter from Mark Wisser, an attorney representing neighbors of the proponents, addressing the DNR letter and the septic question. Case ask if the 1989 plan was used, how much could the two new pads vary from the original pads and would the houses have to be built within the "footprints" of the original. Rosow said that the key to meeting the building pad requirement is staying within the confines of the variance. He has not analyzed the footage to see if allowing some shifting in the build pad would still meet the code. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adopt Resolution 99-37 approving the Preliminary Plat for Perkins Subdivision. Discussion followed on the motion. Tyra-Lukens isn't clear how the new plan is an improvement over the old plan, and believes the new plan is a completely different plan. She said the plan allows 12 variances, which are not minor, but major variances. Tyra-Lukens does not believe there is a hardship issue here and pointed out that financial reasons are not considered a hardship. She feels it would have an impact on the neighborhood and does not believe in the small lot sizes. The variances are substantial, no hardship exists, and the variances are too many and too lenient. Mayor Harris said that this issue has been a problem for the Council. The question is whether the 1989 plan is a better plan. She said according to the Eden Prairie Council, Perkins could still develop the 1989 plan, but the current proposal is a more acceptable plotting. Case said he is uncomfortable with the 1989 action. He said he doesn't believe in accepting a plan just because it is better than a bad one. He agreed with Tyra- Lukens that the variances are substantial. He questioned fitting three houses on this lot. He doesn't like the shared drainfield, even if it can be certified as acceptable. The variances are too many, and he believes the DNR letter has a strong negative tone. CITY COUNCIL MINUTES March 2, 1999 Page 5 Butcher-Younghans said the 1989 plan was already approved, and while the new plan is not the best plan, it is better than the old plan. The recommendation of the DNR hydrologist has to be factored in. Another factor is that of fairness to the Perkins family, who have had a plan approved. Butcher-Younghans said she favors this plan, rather than the previous proposal. Thorfinnson said the question is can the 1989 plan be built. The drainfield issue does not bother him because it must be adaptable to the sites in order to build. He said that while variances are used for small changes, variances also allow the Council to look at a piece of property in a way that might not otherwise be thought of. He has no problem with the number of variances or the shared septic system. If the new plan is not approved, then the 1989 plan can be used. He favors the new plan over 1989 because it results in a better end product. Mayor Harris asked Public Works Director Dietz how long it would be before public utilities could come into the area. Dietz said inspections need to be done for new sewage systems. In one to two years public improvements will be available. It may run $6000 to $10,000 to improve each bad septic system. Since it is unlikely the residents here would petition for public improvements, the Council would have to vote to put in sewer. The road would then need to be reconstructed, and road improvement could change the character of the neighborhood. Enger asked Attorney Rosow the number of Council votes needed to approve a variance appeal. Rosow said three votes are required. Mayor Harris asked for a vote on the motion. VOTE ON MOTION: Motion carried 3-2, with Case and Tyra-Lukens opposed. Enger asked if the vote could be declared a unanimous vote; however, there was no action taken. IX. SOUTHWEST METRO TRANSIT COMMISSION Tyra-Lukens reported on the development of the HUB site, which is under direction of the City Council. There is a need to look at cash flow and maintenance issues in regard to the Southwest Metro Transit Station. There was discussion on when the Council and the Metro Transit Commission could meet together. Uram said there is one developer who is interested in a restaurant pad so it is necessary to move on this soon. Deitz said that the Capital Improvements Projects slated for 1999 need to proceed. Mayor Harris expressed the need for the Council to get together with Staff. CITY COUNCIL MINUTES March 2, 1999 Page 6 MOTION: Tyra-Lukens moved, seconded by Case that Council meet with Staff on March 16 at 4:00 p.m. for this purpose. Motion carried 5-0. X. REPORT OF THE CITY MANAGER Enger discussed the need to review the City's Strategic Plan and possible restructuring of Boards and Commissions. The City Code, Section 2.30 City Services Area, must be amended to reflect organizational changes from 1998. XI. OTHER BUSINESS A. COUNCIL FORUM. The Council Forum will be scheduled from 6:30-6:55, following each Council Workshop. Enger said some individuals asked to speak regarding the Perkins Subdivision; however, the Public Hearing has been closed. B. CLOSED SESSION The Mayor asked that the Council move to enter a closed session for the purpose of the City Manager's Performance Review to determine the City Manager's Merit Pay Award for 1999 and for consultation with City Attorney regarding potential litigation. MOTION: Butcher-Younghans moved, seconded by Case, to enter closed session. Motion carried 5-0. XII. ADJOURNMENT MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens,to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:55 p.m.