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City Council - 11/14/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 14, 2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal (arrived 7:08), 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 Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 3, 2006 MOTION: Young moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, October 3, 2006 as published. Motion carried 5- 0. B. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 17, 2006 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, October 17, 2006 as published. Motion carried 5-0. CITY COUNCIL MINUTES November 14, 2006 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 2006 MOTION: Young moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, October 17, 2006 as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MITCHELL CROSSING by Henry Lazniarz. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment with in the Community Commercial Zoning District on 3.098 acres, Resolution for Site Plan Review on 3.098 acres. Location: Highway 5 & Mitchell Road. (Ordinance No. 27-2006-PUD-19-2006 for District Review and Zoning District Amendment, Resolution No. 2006-130 for Site Plan Review) C. ADOPT RESOLUTION NO. 2006-131 APPROVING FINAL PLAT OF PRAIRIE ESTATES 2ND ADDITION D. ADOPT RESOLUTION NO. 2006-132 SETTING PUBLIC HEARING DECEMBER 19, 2006, FOR APPROVAL OF LAYOUT AND MUNICIPAL CONSENT FOR THE I-494/TH 169 AND TH 169NALLEY VIEW ROAD INTERCHANGE APPROVEMENTS, I.C. 01-5549 E. APPROVE CHANGE ORDER FOR PHASE II OF NONDEGRADATION ANALYSIS, I.C. 02-5585 F. AUTHORIZE PARTICIPATION IN MINNESOTA WATER"LET'S KEEP IT CLEAN" PROGRAM, I.C. 05-5657 G. ADOPT RESOLUTION NO. 2006-133 APPROVING JURISDICTIONAL TRANSFER AGREEMENT NO. PW-18-49-06 WITH HENNEPIN COUNTY FOR REALIGNMENT OF CR 4 SOUTH OF CR 1, I.C. 02-5566 H. APPROVE ENGINEERING AGREEMENT WITH AE2S FOR WATER STORAGE CONTROL IMPROVEMENTS AND SOFTENING PROCESS EVALUATION TESTING I. REJECT BIDS FOR BUILDING ENVELOPE WORK AT 17-CITY OWNED BUILDINGS J. ACCEPT BASE BID FOR BUILDING ENVELOPE MAINTENANCE FROM ADVANCED MASONRY RESTORATION AND REJECT ALTERNATE G-1 CITY COUNCIL MINUTES November 14, 2006 Page 3 K. APPROVE LICENSE AGREEMENT WITH CINGULAR FOR AN ANTENNA INSTALLATION ON THE CITY'S MONOPOLE AT THE SENIOR CENTER L. ADOPT RESOLUTION NO. 2006-134 CANVASSING THE NOVEMBER 7 MUNICIPAL ELECTION RESULTS M. AWARD CONTRACT FOR GARDEN ROOM FOOD SERVICE TO CORPORATE CAFES/SKY FOOD CATERING N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HGKI AND BKV FOR TOWN CENTER DESIGN GUIDELINES AND MIXED- USE ZONING ORDINANCE Young noted he would vote to set the public hearing date for Item D,but would not be voting on any substantive issue concerning this item due to a potential conflict of interest with his firm's client. MOTION: Butcher moved, seconded by Aho, to approve Items A-N on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. LOCK UP STORAGE FACILITY by BRB Development LLC. Request for: Planned Unit Development Concept Review on 2.11 acres, Planned Unit Development District Review with waivers on 2.11 acres, Zoning District Change from Rural to Commercial Regional Service on 2.11 acres, Site Plan Review on 2.11 acres and Preliminary Plat of 2.11 acres into one lot. Location: 12995 Valley View Road. (Resolution No. 2006-135 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change) Neal said the proposed plan shows a 71,187 square foot self-storage building. The project requires waivers for increased base area ratio and reduced parking. The Planning Commission voted 6-0 to recommend approval of the project at the October 9, 2006 meeting with the waivers for increased floor area ratio and reduced parking based on plans submitted at the meeting which addressed Staff concerns about exterior color, proof of parking, and wetland buffer. The area is already platted. There were no comments from the public. MOTION: Butcher moved, seconded by Young, to close the Public Hearing; adopt Resolution No. 2006-135 for Planned Unit Development Concept Review on 2.11 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 2.11 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES November 14, 2006 Page 4 B. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Request for: Planned Unit Development Concept Review on 4.22 acres, Planned Unit Development District Review with waivers on 4.22 acres, Zoning District Amendment within the Commercial Regional Service District on 1.48 acres, Site Plan Review on 1.48 acres and Preliminary Plat of 4.22 acres into two lots. Location: 8577 Columbine Road. (Resolution No. 2006-136 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2006-137 for Preliminary Plat) Neal said this proposal amends the Horizon Place PUD consisting of an 18,000 square foot Office Max building (currently under construction) and an 11,000 square foot retail building. The proposed plan shows a 5,907 square foot Twin City Co-op Federal Credit Union in place of the 11,000 square foot retail building. The project requires a zero lot line waiver to parking. This project was reviewed at the September 11, 2006, October 9, 2006 and October 23, 2006 Planning Commission meetings. The Planning Commission discussed the architectural consistency with approved plans for Fountain Place and Horizon Place and which design, pitched or flat roof, was consistent. The Planning Commission approved a flat roof design with architectural details matching Fountain Place and Horizon Place. The Planning Commission also discussed incorporating a rainwater garden to treat stormwater runoff and to improve the visual look of the project. Part of the parking in the adjacent Office Max site will be proof of parking and used to create a green area between the sites. The rainwater garden on the credit union site was a condition of approval of the waiver. The Planning Commission voted 6-0 to recommend approval of the project at the October 23, 2006 meeting and directed staff to look into park dedication fees. Staff determined park dedication fees were paid at time of building permit issuance for the entire Horizon Place PUD. There were no comments from the public. MOTION: Case moved, seconded by Young, to close the Public Hearing; adopt Resolution No. 2006-136 for Planned Unit Development Concept Review on 4.22 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service District on 1.48 acres; adopt Resolution No. 2006- 137 for Preliminary Plat into two lots on 4.22 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. PUBLIC MEETING TO RECEIVE INPUT ON PROPOSED LRT ALIGNMENTS Tyra-Lukens said this is a follow up public meeting to the Public Open House held at SouthWest Station on November 2, 2006. Neal noted this public meeting is not a formal legal requirement of the State or the Hennepin County Regional Rail Authority. The purpose of the public meeting is to gather additional public comment on the project for the Council to consider prior to its deliberation of a proposal to formally endorse the project. A Resolution of Support for the LRT Project will be prepared for the City Council to consider in December. CITY COUNCIL MINUTES November 14, 2006 Page 5 Resident Rick Ramaker of 7004 Royal Link Court said he was speaking on behalf of his neighborhood. He supported LRT but said Option 1 runs through residential areas. Option 3 is much better. It accesses businesses in the Golden Triangle and Mall areas and would promote efforts to build an Eden Prairie downtown. It would have a higher ridership. Since the process will be drawn out another three years and the uncertainty affects property owners, Ramaker asked the Council to use any opportunity it has to recommend Option 3 and remove Option 1 from consideration. Tyra-Lukens asked if Ramaker had a preference for the A, B, or C alternatives and Ramaker said no. Tyra-Lukens noted email input is also welcomed. Both Councilmembers and Staff are on the policy advisory committee for the LRT study, and are united in opposition to Option 1. She supported the idea of narrowing the choices to bring resolution. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Aho, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, Young, and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Control of Advanced Life Support Services (Resolution No. 2006-138) Neal said the resolution directs staff to apply to the EMSRB seeking municipal control over the provision of Advanced Life Support services within Eden Prairie, based on discussion at tonight's workshop. The rationale is that the City can provide these services more effectively. Council will review the application before it is submitted. Aho noted the decision does not imply poor service from the County,but the City may be able to better control response times without increasing costs. Neal agreed and said preliminary analysis suggests the switch would be an improvement both for Eden Prairie and for the HCMC. The preferred funding mechanism would be an enterprise fund. CITY COUNCIL MINUTES November 14, 2006 Page 6 MOTION: Aho moved, seconded by Butcher, to adopt Resolution No. 2006-138 directing staff to proceed with submission of an application seeking municipal control over advanced life support services within the city of Eden Prairie. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Inspection of Park and Conservation Boundaries Lambert noted at the September 19, 2006, City Council meeting, several residents who reside on the north shore of Rice Marsh Lake adjacent to Rice Marsh Lake Conservation Area had requested the City Council make an exception to the City ordinance to permit them to continue mowing up to approximately 60 feet of park land between their lots and Rice Marsh Lake. At that meeting, the City Council requested the Parks, Recreation and Natural Resources Commission to consider this request and determine if the City Council should modify the current ordinance that does not allow any private encroachment on public land. After lengthy discussion at its October 2, 2006 meeting, the Parks and Recreation Commission decided not to revise the ordinance and to institute an active encroachment policy. The Commission recommends Council approve a seasonal staff position to inspect at least 25% of boundaries per year. Young asked if the Commission had viewed the Rice Marsh Lake properties in question. Lambert said photos were viewed and at least two Commission members visited the site. Young said the issue seems to be mowing weeds between the path and the yard, which is less concerning than building, planting, or removing vegetation. He asked if the encroachment patrolling could be done by the current seasonal Dutch Elm disease inspectors. Lambert said the elm/oak inspectors do discover many of the encroachments that are found now,but the enforcement is very hit or miss. Often, property owners will say they have been mowing for twelve years. Mowing often then progresses to landscaping, which costs money to put in and money to remove. Sometimes new owners buy property unaware of the previous owner's encroachment and are left with the responsibility for it. The current seasonal position is not adequate to accommodate a proactive stance on encroachment. Aho asked the cost of the position. Lambert said it would be $3,000 to $4,000 per summer. Tyra-Lukens said the position is a good investment given the high level Staff management time and legal costs associated with contentious encroachment issues. Lambert said it would help save homeowners money as well. CITY COUNCIL MINUTES November 14, 2006 Page 7 Aho drew a distinction between mowing and other encroachment. Could the policy allow mowing in certain instances? Lambert said some commission members shared this view,but it is difficult for Staff to make these calls. For example, if residents can mow on parkland two feet, then why not 100 feet? Can they mow conservation land, natural grasses, shrubbery, or small trees? Can they mow easements? Can they put down sod and create a pitch and putt course as was done at Rice Mash Lake? Lambert said Staff faces accusations of discrimination if the issue is not clear. It is a question of property rights and the City owns the land. Once neighbors start mowing an area they consider it"their yard" and it does tend to progress. It needs to be a clear-cut issue. Butcher said the position would help achieve consistency of ordinance enforcement and educate homeowners about where the property line is and their responsibility. Tyra-Lukens agreed many encroachments are not deliberate and the seasonal position would help monitor situations. MOTION: Butcher moved, seconded by Young, to request City staff inspect approximately 25% of park and conservation boundaries each year to ensure no private encroachment on public land beginning in 2007. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5- 0. The meeting adjourned at 7:35 p.m.