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City Council - 02/01/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 1, 2005 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 and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Item VLC. regarding a wetland mitigation agreement for Ponds Edge Development. He said it is an issue that staff wants the developer to proceed with and there are weather issues involved as well as coordination issues with the Watershed Board. Case added discussion on a proposal for a city initiated Farmers Market concept for the summer under Reports of Councilmembers. MOTION: Case moved, seconded by Butcher, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 18, 2005 MOTION: Aho moved, seconded by Young, to approve the minutes of the City Council Workshop held Tuesday, January 18, 2005. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 18, 2005 MOTION: Young moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, January 18, 2005. Motion carried 5-0. CITY COUNCIL MEETING February 1, 2005 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2005-20 APPROVING SUBMITTAL OF APPLICATION FOR 2005 HENNEPIN COUNTY RECYCLING GRANT C. APPROVE AGREEMENT WITH LANDGEEKS LLC FOR THE PROPOSED WETLAND MITIGATION FOR PONDS EDGE DEVELOPMENT. (This item added to Agenda under Item IV.) MOTION: Butcher moved, seconded by Aho, to approve Items A-C of the Consent Calendar. Case asked for an explanation about what the mitigation will mean. Rosow stated the agreement was brought about because the mitigation was not proceeding as required by the development agreement. He said the developer sold certain parcels before the declarations to protect areas were filed, and when it was filed, it was filed on all the city outlots and it was not to be filed on all the city outlots. As a result of a series of negotiations efforts between the developer and the city, Environmental Coordinator Leslie Stovring and the developer came up with an agreement on how to proceed with the wetland mitigation. Rosow said the Watershed District was also involved at the time and has initiated a lawsuit to bring the developer into compliance with a permit issued by the Watershed District. Rosow said this agreement has been reviewed by him and the Watershed District to ensure expectations of both the city and the Watershed District would be met. He said the developer put up a cash security for all of the items to be performed in the development agreement and the current agreement reaffirms that the security can be used and accessed by the city in the event that the developer does not follow through with the agreement. Case asked if the intention is that the mitigation occur onsite. Rosow replied yes. Rosow said the reason this was brought forward tonight was because the final versions were circulated today and the Watershed District is concerned that the work begin now. Also, he said Stovring was concerned that there be Council approval before allowing the contractor to enter onto city property. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. COVE 2ND ADDITION - RESCIND APPROVALS (2004-27) by Ted Vickerman, Jr. Request to rescind: the Resolution for Planned Unit Development Concept Review on 3.2 acres; the Ordinance for Planned Unit Development District Review within the R1-22 Zoning District on 3.2 acres; the Resolution for Preliminary Plat on 3.2 acres; the Resolution for Final Plat on 3.2 acres; and the Development Agreement. Location: 6861 and 6871 Beach Road. (Resolution No. 2005-21 Rescinding the PUD Concept Review, Ordinance Rescinding the PUD District Review within the R1-22 Zoning District, Resolution No. 2005- 22 Rescinding the Preliminary Plat, Resolution No. 2005-23 Rescinding the CITY COUNCIL MEETING February 1, 2005 Page 3 Final Plat, Resolution No. 2005-24 Authorizing Amendment to Development Agreement Rescinding all of its terms) City Manager Scott Neal reported that official notice of this public hearing was published in the January 20, 2005, Eden Prairie Sun Current and sent to 15 property owners. He said Theodore R. Vickerman, Jr., a Co-Personal Representative of the Estate of Theodore R. Vickerman, one of the property owners, requests that all the approvals granted by the City for The Cove 2nd Addition be rescinded thus restoring the status of the property before the Development Agreement and all approvals were granted by the City. Rick LaMettry, the other owner of the property does not object to this request. Neal said the Planning Commission voted 7-0 to recommend approval of rescinding The Cove 2nd Addition project to the City Council at its January 10, 2005 meeting. The Cove 2nd Addition project subdivided two exiting single-family lots to create a third single-family lot. The City Council approved the project in June 2003. The approvals included a PUD Concept and PUD District Review, Preliminary and Final Plats and a Development Agreement. Neal said the 2nd Reading of the Ordinance to rescind will take place under the Ordinances and Resolutions section of the agenda and staff recommends approval. Tyra-Lukens asked if this was the property where there was a slope issue. Neal said yes. Case asked if there is any downside to the city for this and why is it occurring. Neal said staff believes the estate from Mr. Vickerman has changed its mind and there has been a difference on how they want to proceed. He said there is a minimum impact on taxable valuation for the property. Rosow said he had many conversations with Senior Planner Scott Kipp who handled this. He said as part of the negotiations to allow the third lot, there was a "no mow" zone of the backyard down to the lake to protect the lake, and that almost prevented the project from moving forward in the first place but the city eventually negotiated an acceptable solution for protection for the lake. He said by rescinding all this, that is not in place for the two lots as it would have been for three lots. Rosow said it's in the city's prerogative not to rescind the ordinance. He said the property owner is not required to file the final plat. He said the city passed the ordinance and the PUD and the city does not have to revoke that,but until the point in time when they put three lots there, there would be an argument as to whether those controls go into effect. Butcher said it is a better situation and it is positive given the geomorphology of that land. There were no comments from the public. CITY COUNCIL MEETING February 1, 2005 Page 4 MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; and adopt the Resolution rescinding the Planned Unit Development Concept Review for three lots, approved by the City Council on May 6, 2003; and approve lsr Reading of the Ordinance rescinding the Planned Unit Development District Review within the R1-22 Zoning District of The Cove 2nd Addition for three lots, approved by the City Council on June 3, 2003; and adopt the Resolution rescinding the Preliminary Plat for three lots, approved by the City Council on May 6, 2003; and adopt the Resolution rescinding the Final Plat of The Cove 2nd Addition for three lots, approved by the City Council on July 15, 2003; and adopt the Resolution authorizing the Mayor and City Manager to execute an amendment to the Development Agreement for The Cove 2nd Addition rescinding all of its terms. Motion carried 5-0. B. HERITAGE PINES (2004-31) by David W. Durst. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 1.65 acres, Zoning District Change from Rural to RM-6.5 on 1.65 acres, Site Plan Review on 1.65 acres, and Preliminary Plat of 1.65 acres into 12 lots and road right-of-way. Location: 17621 Pioneer Trail. (Resolution No. 2005-25 for Guide Plan Change, Ordinance for Zoning District Change, Resolution No. 2005-26 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the January 20, 2005, Eden Prairie Sun Current and sent to 158 property owners. He said this is for 11 multiple-family units in two buildings. The Planning Commission continued the project at its January 10, 2005 meeting for the developer to add guest parking, provide additional tree replacement and revise the architecture. The Planning Commission voted 7-0 to recommend approval of the project to the City Council at its January 24, 2005 meeting. Neal said a guide plan change from low density residential to medium density residential is required and this request may have merit based on the following reasons: • The medium density land use was anticipated when the adjacent multiple family developments were approved. • The medium density land use would be consistent with the surrounding multiple family uses. • Access to the site is from a private drive through the existing multiple family development to the east. • The density of the project is consistent with the adjoining area. The plans have been revised according to the staff report and Planning Commission recommendations. Jeremiah added that staff is recommending an additional condition requiring an amendment to the cross access easement and that would be done prior to issuance of building permits to set forth the exact legal description of the access across the CITY COUNCIL MEETING February 1, 2005 Page 5 property for the benefit of the Ryland property. She said although this is a private road, there is a cross access easement between Heritage Place and this proposed Heritage Pines. Butcher asked what is the target market for these and what is the price point. Jeremiah said she understands that the target price is between $325,000 and $350,000 and she would assume the market would be similar to Heritage Place. David Durst from Durst and Gans Realty, Inc. stated they are trying to market to first-time buyers who couldn't afford the $750,000 housing as is typical in the city. Aho asked what is to the west of the site. Jeremiah said there is additional multi- family development to the west, east and also immediately north. MOTION: Case moved, seconded by Young, to close the Public Hearing; and adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.65 acres; and approve 1st Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 1.65 acres; and adopt the Resolution for Preliminary Plat on 1.65 acres into 12 lots and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Case asked where the road terminated when it heads west. Dietz said the road does not have an access point to Pioneer Trail; it is strictly a cul-de-sac that ends. Case said it's not the typical turnaround of a cul-de-sac. Dietz said he suggested to his staff that they suggested to the developer that he shorten that road somewhat and put a terminus in it and reconnect the driveways to the last two units in a way that allows a turnaround. Dietz said this came through the Planning Commission this way with a tapered look to it. Case said he is concerned that there are 11 homes with an average of 66 trips per day down a private road without an access. Case said there is also a fire and safety issue of how a fire truck would be able to turn around on that road. Dietz pointed out the location of a fire truck turnaround one-third of the way west from the east property line and then said that half to two-thirds of the way there are four parking spaces along the north side of that private road. Case asked how close the corner of home#11 will be to what is presumed to be the new alignment of Pioneer Trail. Dietz said on sheet 3/4, Unit 11, the heavy line shows the new right-of-way dedication line for Pioneer Trail and the curb and gutter is outlined as a triangle coming to the driveway to Unit#11. He said there is a small turnaround for the Unit 11 driveway that protrudes from the west edge of the driveway to Unit 11. Dietz said it was discussed with staff to suggest to the developer that the end of that street be pulled further to the east, a turnaround placed and that the driveways for units 10 and 11 might look more like the driveways to units 1 and 2. Case said he is not comfortable with shoehorning this road in and he thinks this would come back to the council at some point. He said to have a sharp pointed end like that and have a fire truck back up 300 feet just to CITY COUNCIL MEETING February 1, 2005 Page 6 turn around is problematic. He said he's not sure where the final layout of Pioneer Trail will be but clearly Unit 11 is close. Dietz showed a sketch of Unit 11 and the proposed right-of-way line for Pioneer Trail. He said that will not be the edge of pavement. He said it was discussed to suggest to the developer that the driveways for Units 10 and 11 be fashioned like Units 1 and 2. Case asked if it's possible to put the 100-foot cul-de-sac in there if it's backed up more to the east. Dietz said the typical cul-de-sac is a 35-foot radius, 70-foot diameter. Case asked if it's that close, could it be mandated for safety purposes to get what is consistent with other cul-de-sacs in the city. Dietz said it's possible,but the potential problem is you'd begin to stack up the driveway to Units 9 and 8 which are together. He said a reasonable compromise would be to have a cul-de-sac 50 to 60 feet across instead of 70 feet and the association would have to enforce "no parking"because it's a private street. Butcher said it looks like the edge of the structure of Unit 11 is about 30 feet from the edge of the Pioneer Trail right-of-way. She asked if there could be a berm there in the future. Dietz said probably not between the right-of-way and the unit because there will be little room. He said the design for Pioneer Trail in this location is not finalized yet and he believes a compromise is desirable because of how much right-of-way is being required and requested to accommodate Pioneer Trail. Dietz said there is close to 33 feet of right-of-way dedication. Case asked what the current right-of-way is across the entire span. Dietz said as soon as it's determined what is on the south side, you can add 33 feet to the north side. Eric Johnson, senior landscape architect and project manager, stated Pioneer Trail is a 27-foot proposed right-of-way. He showed an overhead drawing of the area and said there have been numerous conversations with the fire marshal about the fire truck turnaround and it was initially proposed as a turnaround further down to the west in the site. He said after conversations with the Planning Commission and their desire for more guest parking, it was decided to move the turnaround. Johnson said the fire marshal said he had no problem moving the turnaround further to the east. Johnson said another problem is there are a number of grades in the area of a proposed smaller turnaround. He said there may also be the addition of a bike and walking trail along the right-of-way which may create the need for retaining walls in that right-of-way area. Fire Chief George Esbensen said he does not have all the details for this project, but it has gone through the DRC process and the fire marshal has scrutinized it carefully. Case asked if there is a preference for the turnaround. Esbensen said he believes since all these buildings are sprinkled, it decreases the likelihood of fire damage and staff tends to be more cooperative with developers in these cases. CITY COUNCIL MEETING February 1, 2005 Page 7 Dietz reported that the right-of-way dedication on the south side is 27 feet with the existing 33 feet combines for a total of 60 feet. He does not have information on the north side. He said previously it would be 17 and 33 for a total of 50,but now it is 60 feet. He said there is no waiver requested for Unit 11. Jeremiah said there are no waivers for setbacks with regard to any of the individual lots. Case said he would not want to vote on this as is and he would want to direct staff to work out a better solution for the turnaround. He suggested a condition to have staff diligently work to solve the issue of a knifed dead end road. Young he would like to hear from staff if we're going to do anything other than pass on this as recommended. Dietz said the conclusion of the group at the development review committee was that we could live with it, so he chose not to raise it as an issue that has to be corrected, but make it a suggestion. He said it is not unusual to have these kinds of dead end situations. He said it was agreed to not go this way in the future,but for this one, it was agreed to accept it but make it a recommendation only. Case said he does not see where the water is going for this project. Dietz said it is all being piped to an existing nurp pond on the east side of Bell Road, sized to accommodate it. Case asked if this development pays into that. Jeremiah said there is an agreement with the adjacent homeowners association to deal with the issue of a private storm sewer. Butcher said hearing what Dietz and Esbensen said, she is comfortable doing this. She said she believes it's not perfect,but doable. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young, to approve the Payment of Claims. The motion was approved on a roll call vote with Aho, Butcher, Case, Young and Tyra- Lukens voting "aye." IX. ORDINANCES AND RESOLUTIONS A. COVE 2ND ADDITION - RESCIND APPROVALS by Ted Vickerman, Jr. 2na Reading of the Ordinance Rescinding the Planned Unit Development District Review within the R1-22 Zoning District on 3.2 acres. Location: 6861 and 6871 Beach Road. (Ordinance No. 2-2005 Rescinding the PUD District Review) City Manager Scott Neal announced that Theodore R. Vickerman, Jr., a Co- Personal Representative of the Estate of Theodore R. Vickerman, one of the property owners, requests that all the approvals granted by the City for The Cove 2na Addition be rescinded thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Rick LaMettry, the other owner of the property does not object to this request. Neal said the Council approved this earlier in this meeting and a CITY COUNCIL MEETING February 1, 2005 Page 8 unanimous vote is required for the second reading. MOTION: Buther moved, seconded by Case, to approve 2nd Reading of the Ordinance rescinding the Planned Unit Development District Review within the R1-22 Zoning District of The Cove 2nd Addition for three lots, approved by the City Council on June 3, 2003. Motion carried 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Farmers Market— Councilmember Case Case said he has been contacted by about five people in the last week regarding the farmers market issue. He said he explained that the council liked the concept,but not this particular proposal. Case suggested the city try one or two farmers markets this summer at the site. He said it would reinforce the idea that the council really likes the idea of a farmers market. Young said it would be a nice amenity but he would like to get a better sense from staff about the time and economic cost to the city. Neal said the feasibility of it will be discussed tomorrow at the staff meeting. B. REPORT OF CITY MANAGER 1. Cemetery Task Force Neal said there are no proposed members to appoint to this task force and staff is not having success in getting volunteers. He said passive advertising has been done as well as direct solicitation of residents near the cemetery. Case provided three possible volunteers and suggested staff contact the Presbyterian Church for possible volunteers. 2. State of the City Neal reported that he gave the first State of the City address to the Chamber of Commerce on January 20 and he will deliver that address several times to city staff between tonight and next week. He said the presentation to the Chamber of Commerce has been videotaped for broadcast on Channel 16. CITY COUNCIL MEETING February 1, 2005 Page 9 3. Annual Performance Review Neal said in the past two years, the city has had the help of Harry Brull to do the review and he spoke with Mr. Brull today and he is available. Council agreed to schedule Mr. Brull to do the review. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Update Jeremiah reported on the status of the Major Center Area Study —the area within and surrounding the Prairie Center and Valley View ring roads and including Eden Prairie Center mall. She said the first meeting was in November with 13 members of the task force. She said traffic counts have been taken and other background data has been collected. She said the next meeting of the task force is Tuesday, February 22 from 4:00 to 5:30 p.m. at the Colony Senior Residence and there will be a joint meeting between the City Council and Planning Commission on Tuesday, March 1 to receive information on the study to date. Jeremiah said this study looks out to the year 2030 with a primary proactive purpose. She said after the joint meeting, there will be another meeting of the task force to look at alternative future scenarios. 2. Purchase Agreement for 7900 Mitchell Road Jeremiah announced that David Lindahl, Economic Development Manager, came to an agreement with the Hartford Group regarding purchase of the old police headquarters at the southwest corner of Mitchell Road and TH312/5. She said Hartford is proposing a mixed use of that property and the property immediately to the south. She said the city received its asking price of$13 per sq. ft. based upon the net buildable area of 2.1 acres for a total of$1,189,188. Jeremiah said the proposed development concept is tentative in nature and has not been through the Planning Commission. She said the proposed development concept could include up to four different land uses including: restaurant, townhomes, retail, and possibly office condos. Tyra-Lukens asked if the city is making any commitments to the developer in saying certain things will be allowed with this sale. Jeremiah said the sale would not be executed until up to 180 days have transpired so that the city can deal with land use and development issues and it would receive preliminary approval from the city. She said over the next six months those plans will go through the process and there have been no commitments with regard to the development for that property. CITY COUNCIL MEETING February 1, 2005 Page 10 Rosow advised the Council that as the seller and as the city that governs development all rights of review with respect to this project are retained and there is nothing in the agreement that binds the Council to approve the development that is brought forth. He said if it is not approved, the developer receives back its earnest money unless they have taken too long to bring it before the Council and will ask for an extension of time under the purchase agreement. In that case, the earnest money becomes property of the seller. He said this is a matter that is subject to a public hearing and you cannot commit to approve something that is subject to a public hearing. Aho asked what the timeframe is for this agreement. Jeremiah said it could take four to six months to work out the development issues as well as for the developer to explore the market and the most appropriate mix. She said it is expected to come before the Planning Commission within the next month or so. She said no other proposals are being considered while this proposal runs its course. MOTION: Case moved, seconded by Aho, to to authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 2.3 acre site owned by the City and legally described as Lot 1, Block 1, Wingate Hotel Addition, Hennepin County, Minnesota. Motion carried 5-0. Case commented that in the 1990s, an idea was discussed in policy that one-time revenues coming into the city would be put aside into the Capital Improvement Fund. He said he would assume that is still the policy and the council can continue to have that discussion. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Young moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:09 p.m.