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City Council - 05/17/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 17, 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, Public Works Director Eugene Dietz, Parks & Recreation Director Bob Lambert, 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 Councilmember Philip Young was absent from tonight's meeting. Parks & Recreation Director Bob Lambert arrived at 7:58 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. CERT CERTIFICATE CEREMONY Eden Prairie Fire Chief and Emergency Preparedness Director George Esbensen shared a brief history of the Citizen Emergency Response Team(CERT) program to train citizens in emergency preparedness in case of a disaster. Eden Prairie has trained 50 residents and will seek to train 50 more. CERT Certificates were presented to the following 16 residents: Tamara Bidinger, Stephanie Brace, Diane Casanova, Elizabeth Clark-Geffon, Cindy Cofer-Evert, Gail Ericson, Ann Farrand, Todd Gardner, Ed Geffon, Patricia Hadfield, Amy L.H. Hofstede, Pauline Johnson, Lu Ketz, Fran Spence, Christine Woodard, and Thomas Zahler. Mayor Tyra- Lukens thanked the CERT participants for their efforts. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted the McCall Bluff hearing (VIILC.) would be postponed until June 7. MOTION: Aho moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES May 17, 2005 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3, 2005 MOTION: Case moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2005 MOTION: Butcher moved, seconded by Case, to approve the City Council minutes as published. Motion carried 4-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HERITAGE PINES - FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by David W. Durst. Request for First Amendment to Development Agreement to eliminate the requirement for cross access, storm sewer and maintenance agreement. Location: 17621 Pioneer Trail. C. HENNEPIN VILLAGE by Pemtom Land Company. Request to approve the Developer Agreement for Hennepin Village Limited Partnership. D. ADOPT RESOLUTION NO. 2005-69 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR TRAFFIC SIGNAL ON TH 212 AT CHARLSON ROAD, I.C. 05-5638. E. APPROVE CONTRACT WITH STATE OF MINNESOTA FOR ICWC (INSTITUTION COMMUNITY WORK CREW) F. AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION IN WETLAND HEALTH EVALUATION PROJECT G. ACCEPT 2004 GENERAL FUND FINANCIAL RESULTS H. ESTABLISH SENIOR ISSUES TASK FORCE I. AWARD CONTRACT FOR 2005 SEALCOATING, I.C. #05-5647 J. AWARD CONTRACT FOR 2005 BITUMINOUS OVERLAY, I.C. #05-5648 K. AWARD CONTRACT FOR CONSTRUCTION OF WELL PUMP HOUSE #15, I.C. #04-5611 CITY COUNCIL MINUTES May 17, 2005 Page 3 L. AWARD CONTRACT FOR MAINTENANCE OF OUTSIDE STORAGE SITE (MOSS), I.C. #00-5519 MOTION: Butcher moved, seconded by Case, to approve Items A-L on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS A. IMPROVEMENTS FOR TECHNOLOGY DRIVE AND MITCHELL ROAD, I.C. 00-5508 (Resolution No. 2005-70) Official notice of this public hearing was published in the April 21 and 28, 2005, Eden Prairie Sun Current and sent to 1 property owner. Dietz said the City and ADC have agreed to convert ADC's tax abatement agreements into a special assessment for street reconstruction of Technology Drive and the intersection of Technology Drive and Mitchell Road. The bond counsel requires a public hearing for the consideration of these improvements. The improvement will expand Technology Drive to four lanes as well as adding left turn lanes to the cross streets to support this expansion. Dietz said the expansion is timely. The bid was $500 thousand dollars less than expected. As originally agreed, the City's portion will be $1.4 million and ADC will pay the balance. There were no comments from the public. MOTION: Case moved, seconded by Aho, to close the public hearing and adopt Resolution No. 2005-70 ordering Technology Drive and Mitchell Road Improvements. Motion carried 4-0. B. THE POINTE ON LAKE RILEY by G &L Land Investments, LLC , Request for Planned Unit Development Concept Review on 4.5 acres; Planned Unit Development District Review with waivers on 4.5 acres; Zoning District Change from Rural to R1-22 on 4.5 acres and Preliminary Plat of 4.5 acres into 4 lots. Location: 9004 Lake Riley Road (Resolution No. 2005-71 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2005-72 for Preliminary Plat) Official notice of this public hearing was published in the May 5, 2005, Eden Prairie Sun Current and sent to 19 property owners. Neal noted this is a 4 lot single-family subdivision. In accordance with the recommendations of the Planning Commission, the plan now includes a private drive to generate greater tree savings and smaller wetland impacts, as well as a conservation easement across the lakeshore side of the project. The setback to the CITY COUNCIL MINUTES May 17, 2005 Page 4 Lund property has also been increased to 30 feet. To accomplish this, and keep tree loss to a minimum, all building pads had to be shifted to the east, resulting in some minor wetland fill on lot 1. However, total wetland impacts have been reduced from 3,490 square feet to 1,860 square feet. The Planning Commission voted 7-0 to recommend approval of the project to the City Council at the April 11, 2005 meeting. There were no comments from the public. MOTION: Case moved, seconded by Butcher, to close the public hearing. Motion carried 4-0. Case commented he has had this property on his radar screen for a long time and he recently walked the entire point. He was pleased wetlands were mitigated on site. Jeremiah confirmed the recent changes to the site substantially reduced wetland impact. Case then asked how often nurp ponds are counted toward mitigation. Dietz explained nurp ponds do count for public value credits, but at least one part of the 2:1 ratio needs to be fully restored, functional wetland. Case stated the archaeological study seemed cursory. He asked if the Council should request the developer "look as they go." Butcher said there is a site there, site 21-HE-220, but she did not know what it was—it could be historic (i.e. the Presbyterian camp) rather than prehistoric. She noted while the State archaeologist had not been contacted, State historic preservation was and would have raised a red flag if there had been an issue. Case then raised the issue of visual impact on the shoreline from Lake Riley beach. Though the first 50 feet of shoreline is a conservation easement consisting of virgin hardwood maple, the easement has large (25-foot) gaps to allow homeowners dock access. Case inquired whether that was typical and whether the breaks in the easement could be limited to an 8-foot trail. Dietz said shoreline easements are becoming common, with specified, inspected breaks in the easement. The lot values are staggering and people are paying for a premium view. If lake access is too restricted, people will abuse the easement. Jeremiah added the easement was negotiated, not required. Case stated the easement is old growth and should not interfere with the views, and the buffer is no-cut in any case. He noted the lines are not straight on the map and would be difficult to enforce. Butcher concurred the lake access needs to be reasonable to prevent encroachment. The question is how wide. She asked why eight feet. Case said this is a traditional trail width, similar to others in the area, and wide enough to get anything down. Aho inquired about width to allow landscaping along the CITY COUNCIL MINUTES May 17, 2005 Page 5 path, and Case pointed out the easement and the Shoreline Ordinance stipulates the shoreline look as natural as possible. Jeremiah brought up potential issues with the 8-foot plan. The dock paths are curved to avoid trees. They would be difficult to mark and to define legally. Rosow said language could be inserted in the "no cut, no mow" section to state that homeowners could have an 8-foot path to the lake. The language could also be written to avoid any "snake-shaped trails" abusing the intent, and to prevent relocation of the trail once established. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2005-71 for Planned Unit Development Concept Review on 4.5 acres; and approve 1st Reading of an Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-22 on 4.5acres; and adopt Resolution No. 2005-72 for Preliminary Plat on 4.5 acres into 4 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions, including language drafted by the City Attorney limiting paths to the lake to an 8-foot width and approve and Authorize Issuance of a Grading Permit for Pointe at Lake Riley, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated March 2, 2005, as approved by the City Council. Motion carried 4-0. C. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution for Preliminary Plat) Official notice of this public hearing was published in the May 5, 2005, Eden Prairie Sun Current and sent to 11 property owners. The public hearing was continued to the June 71h meeting per developer's request. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Case, to approve Payment of Claims as submitted. The motion was approved on a roll call vote with Aho, Butcher, Case, and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES May 17, 2005 Page 6 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 1. Concepts for Winter Recreation Area Lambert explained the feasibility study for a winter recreation area, featuring at least one hockey rink and free skating, had shown none of the options studied are feasible due to cost. The Parks, Recreation, and Natural Resources Commission recommended not to continue the study, as any data on operating costs and revenues would be soon outdated. The Commission recommended Concept C at Staring Lake for potential future development, as it enhances the existing sliding hill and cross-country ski trails and provides a covered rink that could be used for a large picnic area or entertainment venue. Case asked whether a double rink at Round Lake had been one of the proposals. Lambert said that option costed out at $3 million. It was more than the original $2 million because that number was more of a guess, not made by an engineer. Even an uncovered double rink requires eight team rooms and storage for a zamboni, so it becomes a significant structure. MOTION: Aho moved, seconded by Case, to accept Concept C as the preferred concept from the plans developed for a winter recreation area and to terminate any further spending on the planning for the feasibility of any of these concepts at this time. Motion carried 4-0. 2. Proposed Underpass of TH 212 at Charlson Road Dietz explained that although the trail system plan has always indicated the use of the existing cattle pass under Highway 212, the Department of Transportation officials have indicated that that underpass will be used for storm water and cannot be a shared use for pedestrians; therefore, a separate underpass will have to be constructed with the improvements to Highway 212 at the intersection of Charlson Road. CITY COUNCIL MINUTES May 17, 2005 Page 7 The plan is to replace it with a fully functional pedestrian underpass, similar to the one passing under Highway 5 at the north end of Mitchell Lake. The estimated cost for the underpass is projected to be about $225,000. The cost for the eight-foot asphalt trail connection to Mooer Lane is about $200,000 to $250,000 depending on the costs for addressing the erosion. The funding source for this project, the underpass and the trail would be from park dedication fees. Case noted the trail would be a wonderful access to the Minnesota River Valley. MOTION: Butcher moved, seconded by Aho, to approve the construction of the underpass of TH 212 at Charlson Road and the trail connection to Riverview Road; and furthermore, to request a trail easement from the U.S. Fish and Wildlife Service and the Upgrala Hunt Club for a trail easement necessary to reach Riverview Road, and from the Hustad Development Company to provide a trail easement around the erosion problem on the east end of Riverview Road to complete the trail connection to Mooer Lane. Funding for the underpass and the trail are to come from park dedication fees. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract for Technolou Drive and Mitchell Road Improvements, I.C. #00-5508 (Resolution 2005-73) Dietz explained five bids were received for this project on Thursday, May 12, 2005. The lowest bid, from Park Construction, was $2,354,840.17, which is 18% below the Engineer's Estimate of$2,861,828. He recommended awarding the contract. The work should be substantially complete this year. Case inquired if the low bid was cause for concern. Dietz said there is a shortage of construction work. The bids were close to each other, all low. He felt comfortable the bid was just competitive. Dietz said he had met with Tyra-Lukens regarding walkability. About $60,000 in landscaping has been removed from the project to promote walkability. Landscaping could be added later in concert with Major Center Area design. Unfortunately, the trails cannot be moved back much from the curb, but an additional crosswalk could be added. Tyra-Lukens asked about including another crosswalk in the plan. Tyra- Lukens noted there is a big housing unit going in, and it would be logical to put a crosswalk near it to provide convenient access to the trail. She suggested reallocating the landscaping savings toward walkability. Dietz said staff would look at this. CITY COUNCIL MINUTES May 17, 2005 Page 8 MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2005-73 awarding contract for I.C. 00-5508, Technology Drive and Mitchell Road Improvements to Park Construction, in the amount of $2,354,840.17. Motion carried 4-0. 2. Award Contract for Preparation of a Lake Management Plan for Round Lake, IC #02-5581 Dietz noted that on April 261h the City Council requested Staff to provide a summary of the studies and activities that have occurred at Round Lake and obtain a consultant proposal to review alternatives to treating the lake with alum, as suggested in the 1999 Watershed District plan. He referenced the history of lake in the packet, which detailed what has worked, and what has not. Blue Water Science has worked for Chanhassen and Plymouth and would look at alternatives to get the lake in swimmable condition. It would be a risk to spend money on a study,but with the alum treatment plant costing $760,000 with an annual operating cost of$20,000 - $30,000, it is probably worth doing. Aho said he was disappointed at the cost and that the study would take all summer. With the past work that has been done,he had thought it might be possible to implement a solution this year. He asked if that were unrealistic. Lambert said it would be valuable to get the opinion of an unbiased limnologist with nothing to gain, since he doesn't sell any treatments. He noted Round Lake has probably been studied more than any lake in Minnesota. Dietz noted some action has been taken, namely the installation of a couple of ponds. Another is slated to be installed by the Watershed District this year. He pointed out the alum treatment plant could not be installed this summer either. The Blue Water Science study won't delay that option at all. It is just not as fast as we might like. Aho asked if the study length were due to scientific necessity, or to lack of capacity by the contractor. Dietz said the plan includes mapping vegetation, which emerges throughout the summer. The October report date is actually quite soon after the data gathering is complete. Case said he shared Aho's frustration. The same issues arose in 1998 when a quick fix couldn't be found. Case said that then, a quick fix either didn't exist or was too expensive. They are still probably looking at a long-term solution. Although $13,000 is a lot, it is reasonable for a three to four month study. CITY COUNCIL MINUTES May 17, 2005 Page 9 Neal noted even if the study generates good recommendations, it would still only be the start of negotiations with the Watershed District, which thinks it already has the solution. The City would not be able to proceed on any recommendations without them. Butcher noted the City truly had tried quick fixes, such as goose removal and natural chemicals, without effect. However, involving a limnologist is new. A limnological study would be useful in negotiating with the Watershed District. MOTION: Case moved, seconded by Aho, to award the contract for Preparation of a Lake Management Plan for Round Lake in the amount of $13,700. Motion carried 4-0. 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 at 8:16 p.m. Motion carried 4-0.