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City Council - 12/04/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, DECEMBER 4, 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, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchever, and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:32 p.m., at the conclusion of the Truth in Taxation Hearing. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. PRESENTATION OF CERT CERTIFICATES Scott Taylor of the Eden Prairie Fire Department explained CERT is a national program promoted by FEMA to improve community response to emergencies. CERT volunteers are trained in disaster response, fire suppression, medical care, disaster psychology, team organization, and light search and rescue. Staff introduced the 18 new CERT members,bringing the total to 85. The goal is to have 100 volunteers and the next class will be held in the spring. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Butcher, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 14, 2006 MOTION: Case moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES December 4, 2006 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 14, 2006 MOTION: Aho moved, seconded by Young, to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE LICENSE AGREEMENT WITH T-MOBILE FOR ANTENNA ATOP CIVIL DEFENSE SIREN C. APPROVE CHANGE ORDER FOR RED ROCK SEDIMENT REMOVAL PROJECT, I.C. 05-5655 D. APPROVE CHANGE ORDER NO. 1 FOR HILLTOP RD. IMPROVEMENT PROJECT, I.C. 05-5642 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR SINGLETREE LANE IMPROVEMENTS, I.C. 07-5690 F. ADOPT RESOLUTION NO. 2006-138 SUPPORTING THE PRELIMINARY RECOMMENDATIONS OF THE SOUTHWEST TRANSITWAY ALTERNATIVE ANALYSIS STUDY, I.C. 05-5643 G. APPROVE NAMING RIGHTS AGREEMENT BETWEEN EMERSON PROCESS MANAGEMENT AND THE CITY OF EDEN PRAIRIE AND ACCEPT DONATION TOWARD THE COMMUNITY CENTER ADDITION H. APPROVE SELECTED VENDORS FOR FURNITURE, FIXTURES AND EQUIPMENT FOR THE NEW FIRE STATION I. AWARD GENERAL CONSTRUCTION CONTRACT FOR DEN ROAD LIQUOR STORE REMODELING TO GREYSTONE CONSTRUCTION COMPANY J. ADOPT RESOLUTION NO. 2006-139 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES FOR 2007 K. APPROVE AGREEMENT WITH LINCOLN PARC APARTMENTS, LLC Tyra-Lukens applauded the donation from Emerson Process Management toward the new hockey rink and the volunteers who are coordinating the fundraising effort. CITY COUNCIL MINUTES December 4, 2006 Page 3 MOTION: Young moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. BECKER REZONING by Lee and Carri Becker. Request for: Zoning District Change from Rural to R1-13.5 on 0.83 acres. Location: 9795 Bluff Road. (Ordinance for Zoning District Change) Neal said this is a rezoning of a single-family lot from Rural to R1-13.5 located at 9795 Bluff Road. The owner recently requested a 2,678-sq. ft. basement finish and building addition to the home. The addition does not meet the side yard setbacks for the Rural Zoning District, which are 50 and 100 feet. The proposed building addition would meet the side yard setback requirements of the R1-13.5 Zoning District, which are 15 and 30 feet. The proposed R1-13.5 Zoning District is consistent with adjacent zoning. The Planning Commission voted 6-0 to recommend approval of the project at the November 13, 2006 meeting. Tyra-Lukens asked if the yard could be subdivided and if so, how that would affect the side yard setbacks. Jeremiah said it could not be subdivided with the current structure there and it would be unlikely the property could be accessed from the back side. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing and approve 1 st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 0.83 acres. Motion carried 5-0. B. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1, BLOCK 1, MEADOWCRAFT, Vacation 06-05 (Resolution No. 2006-140) Neal said the Property Owner has requested the vacation of part of the Drainage and Utility easement in order to have the boundaries follow an amended conservation easement boundary to allow a larger front lawn area for a single- family home. The Drainage and Utility Easement was originally dedicated in conjunction with the platting of the subdivision and a Conservation Easement was recorded over the same area. Subsequent home construction has resulted in a very small allowable landscaping area in the front of the home. The Conservation Easement has been amended to allow greater landscaping and the new drainage easement boundaries follow those of the amended Conservation Easement. The vacation will not result in conflicts with installed utilities. Staff views the request positively. MOTION: Butcher moved, seconded by Case, to close the Public Hearing and adopt Resolution No. 2006-140 vacating part of the Drainage and Utility Easement over Lot 1, Block 1, Meadowcroft. Motion carried 5-0. CITY COUNCIL MINUTES December 4, 2006 Page 4 C. AMENDING CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS LAND USE (Resolution No. 2006-141 for Guide Plan Change) Neal said the proposed changes are the result of a study authorized by the City Council on March 21, 2006. The purpose of the study was to identify and cure inconsistencies between the City's Comprehensive Guide Plan and the City's Zoning Code for Bearpath, Olympic Hills, Glen Lake, and Bent Creek golf courses. The proposed changes will allow only golf-course related activity on all of the golf courses. Golf course related activity would be golf holes,practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permanent or temporary residential use or transient hotel use would not be permitted. The Met Council must take action on the guide plan change before the City can adopt the ordinance. The City Council should hold the public hearing on the guide plan amendment and take action on the resolution for the guide plan change tonight. The public hearing on the proposed amendment to City Code Chapter 11 will be continued to the January 16, 2007, City Council meeting. Attorney Bruce Malkerson, representing Sam Hertzog, said language in the resolution naming four specific golf courses should be stricken. He referenced his memo in the Council packet as well as his comments before the Planning Commission. He asserted tonight's action in no way re-guides his client's property and that further comments could be saved for the continued hearing on January 161h. Case asked for clarification on the action. Jeremiah said she had confirmed with the City Attorney the language should be stricken. Rosow noted the resolution would amend the text of the guide plan to include a golf course designation,but it is not necessary to list the specific properties affected in the definition of the district. The listing of the properties was a relict of the original plan to act on the guide plan change and rezoning of the four courses at tonight's meeting. There is no intention to enact the guide plan change and rezoning of the properties tonight and no reason to leave in that language. Resident Steve Chelesnik, of 7269 Howard Lane, thanked the Staff and Planning Commission for their review and recommendations. He asked Council to remember the community's interest, expectations and promises made and said he would speak more at the continuation January 16"'. MOTION: Young moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2006-141 for amending the Comprehensive Guide Plan to create a new land use category called "Golf Course." Motion carried 5-0. D. AMENDING CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES Neal said the Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action on the proposed amendments to Chapter 11 of the City Code relative to golf courses. CITY COUNCIL MINUTES December 4, 2006 Page 5 MOTION: Case moved, seconded by Butcher, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. E. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres, Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. Neal said the Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action to change the use and zoning of any golf course. The staff recommends continuing public hearings E - H to the January 16, 2007 Council meeting. MOTION: Butcher moved, seconded by Case, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. F. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.71 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres, Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course MOTION: Aho moved, seconded by Case, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. G. BEARPATH GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres, Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bear path Golf Course MOTION: Butcher moved, seconded by Case, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. H. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres, Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course Case asked if the County had a higher zoning authority than the City for this golf course. Neal said no but he would check. MOTION: Case moved, seconded by Aho, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. CITY COUNCIL MINUTES December 4, 2006 Page 6 I. FIRST READING OF AN ORDINANCE AMENDING FEE SCHEDULE FOR THE CITY'S COSTS IN ADMINISTERING OFFICIAL CONTROLS Neal said this ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Sub. 4. This action is required yearly to set fees. MOTION: Aho moved, seconded by Young, to close the Public Hearing and approve ls'Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Young, 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 A. BECKER REZONING by Lee and Carry Becker. Location: 9795 Bluff Road. (2"d Reading of Ordinance 28-2006 for Zoning District Change) Neal said this is a rezoning of a single-family lot from Rural to R1-13.5 located at 9795 Bluff Road. No Development Agreement is necessary. The Council is requested to take action on the second reading ordinance. The action requires a 4 out of 5 vote for approval. MOTION: Case moved, seconded by Young, to approve 2nd Reading of Ordinance No. 28-2006 for Zoning District Change from Rural to R1-13.5 on .83 acres. Motion carried 5-0. 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 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL MINUTES December 4, 2006 Page 7 1. Round Lake Park Athletic Field Lis!htins! Neal said residents within 1,000 feet of the Round Lake Park boundary were notified of the City proposal to light softball field#6. The City received no input from residents. If approved this project would begin in the spring of 2007 and be completed by fall 2007. The estimated cost for lighting this softball field is $80,000. Revenue generated from the adult softball teams for these types of improvements will pay off that amount in three years. The Parks and Recreation Commission approves the proposal. MOTION: Young moved, seconded by Case, to recommend approval of lighting softball field #6 as a part of the Round Lake Park renovation project 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: Butcher moved, seconded by Case, to adjourn the meeting. The meeting adjourned at 8:12 p.m.