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City Council - 02/15/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 15, 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 XIII.D.3 to the Report of the Parks and Recreation Director. MOTION: Case moved, seconded by Young, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 1, 2005 MOTION: Young moved, seconded by Case, to approve the minutes of the City Council Workshop held Tuesday, February 1, 2005. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 1, 2005 MOTION: Butcher moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, February 1, 2005. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MAINTENANCE OUTDOOR STORAGE SITE (2004-30) by the City of Eden Prairie, 2nd Reading of the Ordinance for Zoning District Change from Rural to I- General on 17 acres. Location: 9955 Flying Cloud Drive (Ordinance No. 3-2005 for Zoning District Change) CITY COUNCIL MEETING February 15, 2005 Page 2 C. ADOPT RESOLUTION NO. 2005-27 APPROVING FINAL PLAT OF EDEN HEIGHTS ESTATES D. AWARD CONTRACT FOR 2005 WELL REHABILITATION PROGRAM TO E.H. RENNER & SONS, INC., I.C. 05-5641 E. APPROVE CHANGE ORDER#2 FOR CHARLSON AREA PHASE IV IMPROVEMENTS F. APPROVE ADDITIONAL DESIGN FEE FOR SRF CONSULTING GROUP, INC., FOR FINAL DESIGN OF TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS, I.C. 01-5527 G. ADOPT RESOLUTION NO. 2005-28 APPROVING CONSTRUCTION CONTRACT FOR TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVMENTS, I.C. 01-5527 H. ADOPT RESOLUTION NO. 2005-29 AUTHORIZING THE HEALTH AUTHORITY OF HENNEPIN COUNTY TO ENFORCE HENNEPIN COUNTY'S SMOKE-FREE ORDINANCE MOTION: Aho moved, seconded by Case, to approve Items A-H of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE INN POOL ADDITION (2005-4) by Eden Prairie Lodging, L.L.C. Request for Planned Unit Development Concept Review on 1.29 acres; Planned Unit Development District Review with waivers on 1.29 acres; Zoning District Amendment within the Highway Commercial District on 1.29 acres; Site Plan Review on 1.29 acres; and Preliminary Plat of 1.29 acres into 1 lot. Location: 11500 West 781h St. (Resolution No. 2005-30 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution No. 2005-31 for Preliminary Plat) City Manager Scott Neal reported that official notice of this public hearing was published in the February 3, 2005, Eden Prairie Sun Current and sent to 16 property owners. He said this project is for construction of a 1,400 square foot pool addition for the hotel. The Planning Commission voted 7-0 to recommend approval of the project to the City Council at its January 24, 2005 meeting. The existing two and one-half story hotel is 24,500 sq. ft. and was granted a floor area ratio variance at the time of its approval from 0.40 to 0.44. Neal said the proposed pool addition will increase the floor area ratio to 0.46 requiring a waiver through the PUD. Since a pool is a typical amenity of a hotel and that setbacks and parking will meet code, the waiver may be reasonable. Six parking stalls affected by the addition will be relocated along the west property line to meet code. A trash enclosure has been incorporated into the plans as recommended in the staff report. CITY COUNCIL MEETING February 15, 2005 Page 3 There were no comments from the public. MOTION: Butcher moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 1.29 acres; and approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres; and adopt the Resolution for Site Plan Review on 1.29 acres; and adopt the Resolution for Preliminary Plat on 1.29 acres into one lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. B. DAIRY QUEEN GRILL AND CHILL County Road 4 & Terrey Pine (2005-1) by Frauenshuh Companies. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres; Planned Unit Development Concept Review on 7.2 acres; Planned Unit Development District Review with waivers on 1.09 acres; Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres; Site Plan Review on 1.09 acres; and Preliminary Plat of 7.2 acres into 2 lots. Location: County Road 4 and Terry Pine Drive. (Resolution No. 2005-32 for Comprehensive Guide Plan Change, Resolution No. 2005-33 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2005-34 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the February 3, 2005, Eden Prairie Sun Current and sent to 61 property owners. He said this is for a 3,744 square foot drive-thru fast food restaurant. The Planning Commission voted 7-0 to recommend approval of this project at its January 24, 2005 meeting. A guide plan change from Industrial to Neighborhood Commercial is required. This may have merit based on the following reasons: • The Neighborhood Commercial density land use would be compatible with the surrounding uses. • The Neighborhood Commercial land use will not significantly impact the balance of land uses in the city. Neal said waivers for parking setbacks and lot size are required and the parking setback waivers are the result of right of way needed for road improvements. The smaller lot size is consistent with smaller commercial lots in the area. The plans have been revised according to the staff report and Planning Commission recommendations. Prior to City Council second reading the developer will revise plans to meet the requirement for 75% face brick, glass or natural stone on the exterior walls. Case asked if this will occupy the entire lot that is currently the Eden Prairie storage facility. Jeremiah explained the PUD originally incorporated this lot but it remained industrial and has remained vacant other than a sign for the storage facility. Dietz said it is a vacant piece of land. There were no comments from the public. CITY COUNCIL MEETING February 15, 2005 Page 4 MOTION: Aho moved, seconded by Young, to close the Public Hearing; and adopt the Resolution for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres ; and approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to the Neighborhood Commercial District on 1.09 acres; and adopt the Resolution for Preliminary Plat of 7.2 acres into 2 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. 2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REALLOCATION AND 2005 CDBG RECOMMENDATIONS (Resolution No. 2005-35 and No. 2005-36) City Manager Scott Neal said official notice of this public hearing was published in the February 3, 2005 Eden Prairie Sun Current. He said for 2005, CDBG Funding is anticipated to be $296,889; and the amount of money available for distribution to human services providers under the 15% guideline is $44,533. The Human Services Review Committee reviewed the 2005 CDBG proposals and recommended the following activities be funded. Human Services Activity Funding County Level Priority 1 PROP (People Reaching Out to Other $13,500 High People) 2 GMDCA (Child Care Subsidy) $14,273 High 3 HOME (Household & Outside $6,000 High Maintenance for the Elderly) 4 HomeLine (Tenant's Advocacy Service) $3,800 High 5 Immigrant Support & Skills Group $6,960 High Sub Total $44,533 Housing Activities Funding County Level Priority 6 Housing Rehabilitation Deferred Loan $100,000 High Program 7 Affordable Housing/Land Trust $152,356 High Grand Total 1 $296,889 Tara Wisdorf from Greater Minneapolis Day Care Association thanked the Council for its support because the program has helped many parents in Eden Prairie with child care assistance. She said at the last legislative session, the program was cut by $86M and the governor is proposing another$70M cut to this program. Danielle Danner from HomeLine thanked the Council for its continued support and said her organization enjoys serving the tenants of Eden Prairie. There were no further comments. CITY COUNCIL MEETING February 15, 2005 Page 5 MOTION: Case moved, seconded by Butcher, to close the Public Hearing; and adopt Resolution approving the reallocation of 2003 CDBG funds; and adopt Resolution approving the use of 2005 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Butcher, 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 X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. ASSISTANT WEED INSPECTOR City Manager Scott Neal reported that each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. He said the responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Neal said Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistance Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. MOTION: Case moved, seconded by Aho, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. B. MCA TASK FORCE REVISION Jeremiah said Jim Beaudette of Sears is unable to participate as a member of the Major Center Area Task Force and has submitted his verbal resignation. She said Staff is recommending David Hanson, owner of the office building at 8140 Flying Cloud Drive, as his replacement. Developers have expressed interest in potential redevelopment of an area that includes Mr. Hanson's property. She said this is the large-scale study of the area around Eden Prairie Center Mall, through the future until the year 2030. MOTION: Young moved, seconded by Butcher, to accept the resignation of Jim Beaudette (Sears) and appoint David Hanson (8140 Flying Cloud Drive office building) to the Major Center Area Study Task Force. Motion carried 5-0. CITY COUNCIL MEETING February 15, 2005 Page 6 C. CEMETERY TASK FORCE Staff has been soliciting potential Cemetery Task Force participants since the December 7, 2004 workshop meeting. During that time, staff has been talking to individuals as well as sending out invitation letters to neighbors adjacent to the Pleasant Hill Cemetery. Following those efforts, a number of candidates have volunteered to serve on this Task Force, and the liaison will be Stuart Fox, Manager of Parks and Natural Resources. The original goal was to have eight members on the Task Force that would include representatives from the following: • 2 members from local funeral homes • 2 members that are Eden Prairie citizens that own cemetery lots • 2 members that are Eden Prairie citizens that do not own cemetery lots • 1 representative from the Eden Prairie Cemetery Board of Trustees • 1 person from the Heritage Preservation Commission City Manager Scott Neal said Staff was able to get seven volunteers; however, not all of the categories were filled. He said the following is a summary of the individuals who have volunteered to serve on the Cemetery Task Force: • Robert Amell is a member of the Heritage Preservation Commission. • Gerry Beckman is a resident of Eden Prairie and has served as the Director of PROP as well as volunteering her services to many City programs over the last 15+years. • Pat Bell is a neighbor who lives adjacent to the Pleasant Hill Cemetery who responded to a letter from staff seeking volunteers to serve on this Task Force, to which she has willingly volunteered. • Paul Christensen is the Facilities Manager for Pax Christi Catholic Community. Paul also responded to the letter that was sent to the neighbors and since the cemetery property is adjacent to the Catholic Church, this would a welcome opportunity to share perspectives as far as the cemetery relationship with this facility. • Wally Huber is associated with Huber Funeral Home on Glory Lane in Eden Prairie. Wally has officiated several funerals and burials at the cemetery and is very familiar with the layout and operation of the cemetery. • Mike Rogers is a member of the Eden Prairie Cemetery Board of Trustees. Mike is life-long resident of Eden Prairie, and very familiar with the operations of public cemeteries. • Lee Wenzel is the owner of four grave lots at Pleasant Hill Cemetery and recently suffered the loss of an adult son. Lee spends quite a bit of time at the cemetery and has expressed interest in input as to the operation and aesthetics of the cemetery. Neal said Staff has spoken with each of these individuals and believes that this Task Force would be able to give feedback to the City Council based on the proposed Charter Statement. CITY COUNCIL MEETING February 15, 2005 Page 7 MOTION: Case moved, seconded by Butcher, to appoint Robert Amell, Gerry Beckman, Pat Bell, Paul Christensen, Wally Huber, Mike Rogers, and Lee Wenzel to the Cemetery Task Force. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Purchase of Outlot H, Hawthorne Addition, for New Fire Station City Manager Scott Neal said Staff is recommending the City acquire a 3.659 acre parcel located at the northeast corner of Dell Road and Linwood Court for a new fire station development for a purchase price of$1,960,034.66. As stated in the attached Purchase Agreement, the City should take possession of the property in late March 2005. Neal said last November, the City Council authorized staff to proceed with the acquisition of a property for a new fire station for a price of$1,900,000. Since that time the sellers, Curt and Duane Delegard, increased the sale price by $50,000, and also required the City pay an additional $10,034.66, or 1/3 of their cost to terminate an existing ground lease they had on the property with BP Amoco. He said the new price for the 3.659 acre parcel is $1,960,034.66, or$12.30 per square foot, which is a reasonable price for a commercially zoned property. Some of the $1,960,034.66 will be recovered through the sale of approximately 1.3 acres to MnDOT for the development of a new frontage road for the TH 312 highway project. There should also be a remnant parcel (1 acre +/-) the City can sell for development after the fire station is planned and approved. Staff expects the sale of these two properties to reduce the total land cost for the fire station to about$550,000 - $600,000. Aho asked how sure we are that some of the land can be sold to a commercial developer and how much is expected from MnDOT for the portion they would purchase. Dietz said there is not an exact number at this point,but the owners are committed to buying the land but no appraisal information has been received. Dietz said he expects that MnDOT would pay close to the same amount that the city paid for it. Neal said the potential for associated private development at the site is very high because of progression of the 312 project. MOTION: Case moved, seconded by Young, to authorize the Mayor and City Manager to execute a purchase agreement and other documents necessary to complete the purchase of Outlot H, Hawthorne Addition of Eden Prairie, Hennepin County, Minnesota. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MEETING February 15, 2005 Page 8 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Shuldhiess Family Property Lambert reported that the 91-foot wide lot located at 9291 Riley Lake Road is one of two residential sites within the proposed park boundaries for Riley Lake Community Park. He said the Park and Open Space Plan has anticipated acquiring the two residential lots when they come up for sale. He said this site is owned by a five-member estate and the family members are listing the property at$339,500. Staff would recommend negotiating for the acquisition of the property, subject to the approval of the National Park Service accepting this property as replacement for property at Staring Lake Park. The Parks, Recreation and Natural Resources Commission recommend the Council approve making an offer on the property, if the site has been approved as a replacement site for the LAWCON requirements at the Cummins Grill homestead. He said he does not believe the city will have an opportunity to acquire the parcel at such a low price again and he believes it would be a good investment. Aho asked if the city purchases this property would there be another similar adjacent property. Lambert said yes, there would remain a 60-foot wide parcel with a small home on it. He said he would recommend that when that property comes up for sale the city acquire it as well. Aho asked what plans would be if the city acquired both lots. Lambert said it would be to raze both structures on the properties. Case asked if DNR setbacks would limit potential use for the land in the future. Lambert said yes, and there is no potential expansion for either of the homes without combination of lots or extension of public utilities. He said it is likely that the owners would petition to the city for water and sewer services to the site. Butcher said if there is no sense of urgency, she would like to look at the Capital Improvements list to see where this project lies and prioritize that way before entering into negotiations. Lambert said he thinks there is a sense of urgency because the price has dropped and the owners are between realtors and he convinced them to wait until tomorrow to see if the Council is interested. He said if the owners change realtors, the price the City will have to pay will go up. Butcher asked if it would be possible to move up the CIP review to look at this sooner than later. Neal said staff will take a look at the workshop schedule to see if that's possible or if a special meeting could be held. Young said he does not see a compelling reason to spend $300,000 on this property. CITY COUNCIL MEETING February 15, 2005 Page 9 Aho said because the property is situated inside the park it is not a very desirable parcel and he does not see it selling fast. He suggested adding to the deed a notice that the property is adjacent to a park and there are encumbrances because of that. Case said it is difficult for him to justify the price of the parcel. He said he appreciates the idea of looking at the Capital Improvements Plan. He said there is an opportunity to make life better for residents at that park by purchasing the two lots,but it feels out of context for him. Butcher asked if the Parks Commission has a reason that they recommended it unanimously. Lambert implied that he might have more influence with the Commission than with members of the Council. Tyra-Lukens said she likes the idea of looking at the CIP but that's not the whole solution because priorities will shift. Lambert said staff has been given direction to find replacement property for the Cummins Grill property in order to remove the LAWCON responsibility. He said he needs direction as to what parcel staff should be pursuing for that purpose. Tyra-Lukens said there has been discussion about property near Birch Island Woods that might fit that criteria. Young asked of the parcels on the list of properties discussed in January, how many are available on a voluntary for sale basis and how many would have to be condemned. Lambert said the only other parcel on that list for sale today, and that the city is proposed to acquire,is the Birch Island Woods parcel. He said the majority of the parcels are owned by MnDOT or a developer and the city will get them at no cost. Aho asked if the properties acquired from MnDOT would qualify as replacement or part of the mitigation as part of the LAWCON. Lambert said no because the city will not get title to those, it will just be an easement for trail purposes. Case said he would feel badly if the city were not pursuing removing the LAWCON grant from the Cummins Grill because it's the only tool for pulling in the private investment or funding for the endeavor. He said there really aren't other parcels available for sale in the same price range that meet the National Parks Services requirements for eligibility for LAWCON funding. He said he thinks $300,000 would get the city enough of the acreage to lock it and be able to eventually secure the whole parcel. He said there are alternatives available. Case suggested pursuing removing the LAWCON grant by looking at other plans and finding other parcels. Young said he would be interested in finding out the current status of Birch Island Woods. Neal said staff can make inquiries to find out that information. CITY COUNCIL MEETING February 15, 2005 Page 10 No action taken on this item. 2. Off Leash Doi Park Lambert reported that the city has been looking at opportunities for providing off leash dog parks in the city. Staff reported back to the Commission regarding information that was discussed at the December 6, 2004 Parks, Recreation and Natural Resources Commission meeting. At that meeting, members of the Off Leash Area Study Committee and other individuals presented information regarding the use of the various park areas for off leash use areas (OLA). One of the areas that was identified was a portion of Staring Lake Park below the Cummins Grill House. On Thursday, December 23, 2004, Lambert, Libby Hargrove, Cheryl Luce, and Stu Fox walked an area of Staring Lake Park that had been identified as a potential OLA. The feedback that was received from Ms. Hargrove and Ms. Luce was that this area had good potential to be utilized as an exercise area for dogs. Based on that feedback staff has prepared cost estimates associated with converting this area to an OLA. Lambert said at the February 7 meeting, the Parks, Recreation and Natural Resources Commission heard presentations in support of, and in opposition to the proposed off leash area in Staring Lake Park. He said it is proposed to fence the site and have large gates for multiple use with cross country skiers. He said it is an area of the park with no immediate adjacent neighbors. He said the area is fairly level with a deep ravine in the middle. The Commission voted 3 in favor; 1 abstained to recommend the Council authorize installation of the off leash area. Lambert said Staff is recommending the Council authorize approval of the off leash dog park and the expansion of the cross country ski trails on the south side of Purgatory Creek and to negotiate an easement on the property on the south in order to traverse the slope for cross country skiers. He said there is also an opportunity to extend cross country ski trails north of the creek by putting in a bridge at the base of the ravine,but Staff is not recommending that at this time. Aho asked if the estimated total cost of the project would be $25,800. Lambert said that is correct, assuming there would be no cost for the easement. Aho asked where the money would come from. Lambert said it would be from Park Dedication fees. MOTION: Butcher moved, seconded by Case, to authorize approval of the off leash dog park and expansion of the cross-country ski trails south of Purgatory creek, and further to negotiate an easement on the property to the south in order to traverse the slope for cross-country skiers. Motion carried 5-0. CITY COUNCIL MEETING February 15, 2005 Page 11 3. Removal of Forest Hills Park Warming House Lambert reported that last Friday night, February 11, 2005, at about 11 p.m., someone set fire to the portable restrooms adjacent to the Forest Hills Warming House and that fire spread to the warming house and caused major damage to the facility. He said the damage includes the roof joists and the ceiling and east end of the building are lost. He said all of the interior walls and insulation are soaked and would need to be replaced. He said the estimated cost to repair the building would be about$20,000 and replacement would be about$25,000. Lambert said this was a pre-fabricated structure and he now views it as an attractive nuisance on the site because it is dangerous to leave it there. MOTION: Aho moved, seconded by Butcher, to authorize staff to remove Forest Hills Park warming house as soon as possible. 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 XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:55 p.m.