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City Council - 08/01/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 1, 2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Ron Case, Councilmembers Brad Aho, Sherry Butcher, and Philip Young. Mayor Tyra-Lukens was absent. CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Case called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. INTERNATIONAL FESTIVAL Eden Prairie's third annual International Festival (Sunday, Aug. 13d'from 3:00 to 8:30 p.m. at the Staring Lake Amphitheatre) will feature booths of international crafts and games run by Eden Prairie residents, as well as performances by both professional groups and residents displaying their cultural heritage through music and dance. Councilmembers and the public are welcomed to attend this celebration of Eden Prairie's diversity. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added item VILG to the Consent Calendar, moved the Woodland 2nd Addition item to its correct spot under Ordinances, and added an update on the city's water supply to Report of the City Manager. Case added an item on tall grass mowing to Reports of Councilmembers. MOTION: Aho moved, seconded by Young, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 18, 2006 CITY COUNCIL MINUTES August 1, 2006 Page 2 MOTION: Butcher moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 3-0-1 with Young abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 18, 2006 MOTION: Aho moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 3-0-1 with Young abstaining. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2006-95 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 3"ADDITION C. APPROVE SECOND READING OF ORDINANCE 19-2006 AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR/REPLACEMENT D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT 91-08 (LOTS 2-8, BLOCK 1, BLUFFS EAST 11 ADDITION) E. APPROVE PARTIAL RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT AND FIRST AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT (LOT 14, BLOCK 6, HENNEPIN VILLAGE) F. APPROVE SALE OF ENGINE 22 TO HENNEPIN TECHNICAL COLLEGE IN RETURN FOR TUITION CREDITS G. CONSENT TO TRANSFER OF LEASE (SITE#A1P0008A) TO T-MOBILE CENTRAL LLC. MOTION: Young moved, seconded by Aho, to approve Items A-G on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS Case called the HRA meeting to order at 7:12 p.m. A. JOINT HRA & CITY COUNCIL PUBLIC HEARING ON ESTABLISHMENT OF TIF REDEVLOPMENT DISTRICT— SUPERIOR OFFICE CENTER PROJECT (FORMER PHYSICAL ELECTRONICS) (Resolutions) CITY COUNCIL MINUTES August 1, 2006 Page 3 Neal said discussion is ongoing with the applicant for TIF assistance. The proponent asks and Staff agrees that the public hearing be continued until September 51h HRA/CITYCOUNCIL MOTION: Butcher moved, seconded by Young, to continue the public hearing on Establishment of TIF Redevelopment District— Superior Office Center to the September 5"'City Council Meeting. Motion carried 4-0. HRA MOTION: Butcher moved, seconded by Aho, to adjourn the HRA. Motion carried 4-0. The HRA meeting adjourned at 7:15 p.m. B. SUPERIOR OFFICE CENTER by United Properties. Request for: Guide Plan Change from Industrial to Office on 10.36 acres, Planned Unit Development Concept Review on 10.36 acres, Planned Unit Development District Review and Zoning District Change from I-2 to Office on 10.36 acres, Resolution for Site Plan Review on 10.36 acres, and Preliminary Plat on 10.36 acres into one lot. Location: 6509 Flying Cloud Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution for Preliminary Plat) Neal said discussion is ongoing for normal planning approvals as well. The proponent asks and Staff agrees that the public hearing be continued until September 51h MOTION: Young moved, seconded by Aho, to continue the public hearing on the Superior Office Center to the September 51h City Council Meeting. Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. WOODLAND 2ND ADDITION by Tom Robertson. Request for: Preliminary Plat of 27,979 square feet into one lot. Location: 6983 Woodland Drive. (Resolution No. 2006-96 for Preliminary Plat) Rosow reviewed possible implications for other open space if this outlot is developed as a single-family lot. The development does not negatively impact the City's position regarding other open areas. Though the outlot was originally dedicated as private open space, the plan changed over time as the development changed from multifamily to single family residences. The presence of additional open space in yards made the dedicating the outlot as open space unnecessary. CITY COUNCIL MINUTES August 1, 2006 Page 4 The outlot was reclassified in 2001 as vacant residential land and has been taxed as such, and a court order has relieved the covenants of the homeowner's association. In contrast, the development of the Bent Creek Golf Course area has been stable over time. Distinguishing and material factors separate the two situations. MOTION: Young moved, seconded by Aho, to adopt Resolution No. 2006-96 for Preliminary Plat on .64 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.07 RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS Neal said the City Attorney has recommended that the City update its ordinances relating to dangerous and potentially dangerous dogs. A case decided by the Court of Appeals held that if a City did not have an ordinance in place, it could not use provisions of state law enabling its use to deal with dangerous dogs. The existing city ordinance did not contain any reference to dangerous dogs. The City Attorney has drafted language which allows the City to utilize the applicable state laws. MOTION: Aho moved, seconded by Butcher, to approve the first reading of the ordinance amending section 9.07 of the City Code. Motion carried 4-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Tall Grass Mowing Case said he had received input on tall grass mowing from a resident whose lawn was unmowed due to construction work. Sometimes there are other mitigating factors causing tall grass, including illness or a death. Case suggested making a final phone contact with residents giving the date the City will mow (and bill the resident) and/or making face to face contact before mowing. Aho agreed there are special circumstances but expressed concerns about encumbering Staff by adding additional requirements for specific kinds of contact. After discussion, Councilmembers agreed the ordinance and notification process is CITY COUNCIL MINUTES August 1, 2006 Page 5 generally reasonable and respectful of residents and can be left to Staff judgment. B. REPORT OF CITY MANAGER 1. Water Supply Update Dietz said the City's water tanks had been heavily taxed recently, losing water at a rate of three feet per day. A public service announcement was sent out requesting full compliance with lawn watering restrictions, or the City would likely need a full ban. The City issued over 1000 citations for watering this year, double the normal number. Since night irrigation seems to be a major drain on the system, Staff went out at 3:00 a.m. on August 1 and issued about 200 citations. Case asked if back-to-back"odd days" (for example, July 31 and August 1) spiked violations for automated systems, and Dietz said he didn't know. Today's rain restored the tanks to almost full. Butcher noted the purpose of watering restrictions is to maintain safety. Dietz agreed, noting the fire department relies on the tanks to fight fires. The water in the Hidden Ponds tank has been as low as 1 foot this summer, versus its usual 35-40 feet. A water crisis in 1988 actually prompted the fire department to patrol the streets with loudspeakers asking residents to comply with watering bans. Heavy pumping of the aquifier also causes the water table to drop 50-75 feet, which leads in turn to a significant loss of well field capacity. Case noted other communities are also experiencing water restrictions. The City always seeks a balance between providing availability of water in all circumstances and containing costs. Dietz said the City's current 14 wells pump a total of 28 million gallons maximum. With further development, the City will likely need to add two more wells and will probably begin this process next year. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Prospect Road Briefina/Alternatives Discussion Dietz presented possible alternatives to the current Prospect Road proposal near Hennepin Village, as requested by Council. One key issue here is the desire for a secondary access point to the neighborhood, which is desirable for fire, police, and public works. The second is potential environmental impacts. In recent years, the City has limited the length and overall use of CITY COUNCIL MINUTES August 1, 2006 Page 6 cul de sacs, unless there are significant environmental issues driving their use. So both factors come into play in this instance. Dietz noted the approval process for Hennepin Village in 2001 included Prospect Road and decisions have been based on its inclusion. Dietz presented alternative scenarios for Prospect Road and for providing safe access to current and future neighborhoods which are likely to be developed if Prospect Road goes through. For Prospect Road itself, there are two alternatives,both of which would provide the needed secondary access to Hennepin Village A: ➢ Implement the proposal as developed five years ago, which includes a culvert and fill for the Riley Creek crossing and incorporates 10 percent grades. Environmental concerns raised by residents include the steep grades, the presence of five to ten springs in the fill area, possible impacts on Miller Spring, and the additional of impervious surface (the road). There would be no additional cost beyond the projected $600,000 cost for this proposal. ➢ Make the creek crossing a bridge instead of a culvert with fill. A bridge crossing would have several advantages, including reducing the grade to 8%, avoiding putting fill over the springs, avoiding changing the water velocity in the stream bed as a culvert would do, and being more attractive. It would,however, add to the cost: an additional $500,000 for a 75-footbridge, and an additional $1.2 million for a 200-foot bridge. Dietz noted that with Prospect Road in place, the City should expect to see further development. Eden Prairie Road would likely become a cul de sac and other secondary access roads would be constructed to provide secondary access to local neighborhoods during emergencies (for example, flooding at creek crossings). Dietz presented five mapped options for these roads,but noted each involves takings, driving total costs for construction and right-of-way to between $2 million and $3 million. Many of these roads have 10% grades and present some potential environmental impacts as well. Dietz recommended proceeding with Prospect Road in either form, and also making at least a residential-street connection across as new neighborhoods are developed. The concept should be broached to residents now, especially since some of the homes in or near the right of way are very expensive. Butcher noted the bottom line concern of residents seems to be about natural resources. She asked if the bridge option would have less impact. Dietz said he believed pipe and drain tile could be used under the fill in the culvert option to channel flow from the springs. Impact on Miller Spring, however, is hard to predict. There are four crossings of Riley CITY COUNCIL MINUTES August 1, 2006 Page 7 Creek already, and the Prospect Road crossing is 30 feet higher than the elevation of the spring, so Dietz did not see an obvious problem. However, when the spring pipe was installed, a difference of just 4 feet made it run dry—the spring is only about 110 inches deep. There is no science to say whether Prospect Road would or would not disrupt Miller Spring. As for the addition of impervious area, the road surface represents less than 1% of the water collection area, so is unlikely to have much effect. Dietz said a bridge (especially a 200-foot bridge) would provide a wildlife corridor and better aesthetics. Jeremiah noted the bridge option also provides a trail corridor along the creek. Dietz noted the bridge option also creates less change in the velocity and flow pattern of the stream, which environmentalists prefer. Young asked if the Planning Commission would examine the issue, and Dietz said yes. He will also debrief with concerned residents. Young asked if doing nothing were an option. Dietz said the City could keep Eden Prairie Road open and add a cul de sac for plowing, but he would not recommend it. Case noted there is a trail with a culvert leading out of Hennepin Village A and wondered if it could be developed into a "safety exit" solely for emergency access. He also asked if the City could do the Environmental Assessment Worksheet, since it was not done in 2001. After discussion, Council directed Staff to brief the Planning Commission, Parks, Recreation, and Natural Resources Commission, the Conservation Commission, and the Historic Preservation Commission on the project as the process goes forward. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. City vs. Advantage Media Rosow said the City's billboard ordinance was affirmed on all counts. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:12 p.m.