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City Council - 09/20/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 20, 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. Councilmember Case arrived at 7:16 p.m. and departed at 7:57 p.m. due to work commitments. 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 Deb Sweeney. I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. She announced the next City Council Workshop and Meeting will be held at the Riley Jacques Barn and recorded for later broadcast. Butcher noted the Riley Jacques Barn recently received an award from the Historical Preservation Alliance of Minnesota, the third such award for Eden Prairie. Since a thousand barns are destroyed in Minnesota each year, the preservation of this barn from the 1920s is significant. The Riley Jacques Barn is available for rent and has already been used for numerous community functions. There will be a series of short plays on October 7, 8, and 9. Councilmember Case arrived at 7:16 p.m. and departed at 7:57 p.m. due to work commitments. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION V. RECOGNITION OF 2005 NPRA NIRI EXCELLENCE IN INCLUSION AWARD FOR CARLA KRESS This item moved up in the agenda to accommodate the ABC students. Tyra-Lukens announced City employee Carla Kress was presented with the National Recreation and Park Association National Institute on Recreation Inclusion 2005 Excellence in Inclusion Award at the Annual NIRI Conference in Palm Springs, California, for her significant and consistent impact on the leisure field as it pertains to the inclusion of persons with disabilities. This was a national award given to just one recipient. Kress thanked the City for supporting her efforts to promote inclusion. Tyra-Lukens congratulated Kress on her award. CITY COUNCIL MINUTES September 20, 2005 Page 2 IV. INTRODUCE AND WELCOME ABC STUDENTS Students and resident directors of the ABC house introduced themselves to the Council. Tyra-Lukens welcomed them to the community and invited the community to support ABC through its 5K walk/run fundraiser this Saturday, at Staring Lake at 8 a.m. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added several brief items to the City Manager's Report. Tyra-Lukens added two items to Reports of Councilmembers. Aho added one item to Reports of Councilmembers. MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 4-0. VII. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 6, 2005 MOTION: Aho moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 2005 MOTION: Butcher moved, seconded by Aho, to approve the City Council minutes as published. Motion carried 4-0. VIII. CONSENT CALENDAR A. APPROVE THREE TEMPORARY PERMIT-TO-CONSTRUCT DOCUMENTS FOR THE TH 212 DESIGN-BUILD PROJECT, I.C. 93-5305 B. ADOPT RESOLUTION NO. 2005-111 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE C. ADOPT RESOLUTION NO. 2005-112 APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8, 2005, PARK REFERENDUM/SCHOOL DISTRICT ELECTION D. PROCLAIM OCTOBER TOASTMASTERS MONTH E. AWARD BID FOR ONE NEW RESCUE BOAT CITY COUNCIL MINUTES September 20, 2005 Page 3 MOTION: Young moved, seconded by Butcher, to approve Items A-E on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. EDENVALE HIGHLANDS 2ND (THE PRESERVE AT EDENVALE) by Calhoun Development. Request for Planned Unit Development Concept Review on 22.7 acres; Planned Unit Development District Review with waivers on 22.7 acres; Zoning District Change from Rural to R1-13.5 on 22.7 acres; Preliminary Plat of 22.7 acres into ten lots, one outlot and road right-of-way. Location: 15598 Michele Lane. (Resolution No. 2005-113 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change, Resolution No. 2005-114 for Preliminary Plat) Neal noted this is a 10-lot single-family development. It requires PUD waivers for railroad lot depth and cul-de-sac length. A trail easement is recommended to plan for a trail along the Purgatory Creek corridor at a future date. The biggest change is that instead of being balanced for the amount of cut and fill, the project may require 8,000 yards of fill. This would require approximately 650 dump truck loads, fewer loads if belly dumpers are to be used. The developer will be required to provide a bond to cover any potential damage to the public roads serving the property. The Planning Commission voted 6-0 to recommend approval of the project to the City Council at its August 22, 2005 meeting. Councilmember Case arrived at 7:16 p.m. Resident Jeff Strate of 15021 Summerhill Drive expressed concerns over the large amount of fill. He also questioned the railroad setback, saying the right-of-way could accommodate two set of tracks and it is a high right-of-way, above the house. He requested looking into rainwater gardens as an alternative to nurp ponds for drainage. The cul-de-sac and the rooftops will create a lot of impervious surface, and other communities have found rainwater gardens to be effective. Young expressed concerns about the dump trucks, as they would be going down his street. He asked how unusual this amount of fill is and requested details on the trucking schedule. He said the fill issue had not been mentioned at the neighborhood meeting. Dietz said he couldn't give a global "average,"but the nearby development on the west side of the hill by the same developer had required more trucking. Residents of the affected street, Alpine Trail, were very appreciative of the developer's conscientious efforts to accommodate them. He said speed limits could be imposed. CITY COUNCIL MINUTES September 20, 2005 Page 4 The developer, Floyd Calhoun of Edina, MN, explained he didn't know about the fill issue at the time of the neighborhood meeting. The Alpine Trail development had twice as many truckloads, but the neighbors were still happy. Safety for kids is the top issue. Calhoun said a 20 m.p.h. speed limit is part of his contracts and violators are permanently dismissed. He notifies residents with hand-delivered notices whenever trucking is planned and asks for their help in monitoring safety. The Alpine Trail project required hourly trucks for about 10 days of work. He gave gift certificates to the neighbors for their inconvenience and also worked to accommodate special needs, such as landscape restoration for a wedding. Calhoun characterized 8,000 yards of fill as a moderate amount. Young asked when the hauling would occur. Calhoun said usually halfway through the grading process. Neighbors would be notified door-to-door about a week ahead. Normal hauling hours are 8:30—3:30, which coincides with school hours. Case said the developer's responsiveness was commendable and noted 8,000 yards is a small amount compared to some others. The Council once voted on the project with a proposed 1,000,000 yards of fill, which would have required 50,000 trucks over two years. Some filling and removal of fill is normal. Tyra-Lukens asked about rainwater gardens. Dietz said the City does not routinely examine this possibility, but endorses it when proposed. Tyra-Lukens asked Dietz to look into the possibility for this site. She wondered if the maintenance would be less than a nurp pond would require. Dietz said it's a different kind of maintenance, but some is still required. MOTION: Butcher moved, seconded by Case, to close the Public Hearing, adopt Resolution No. 2005-113 for Planned Unit Development Concept Review on 22.7 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 22.7 acres; adopt Resolution No. 2005-114 for Preliminary Plat on 22.7 acres into ten lots, one outlot and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions, including examining the possibility of rainwater gardens. Motion carried 5-0. B. FIRST READING OF ORDINANCE NO. 19-2005 ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Neal said this is a new Ordinance to be added to Chapter 25 of the City Code. This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Neal characterized this as "the ultimate housekeeping item." State statute requires fees CITY COUNCIL MINUTES September 20, 2005 Page 5 to be set by ordinance, nor resolution; that is the only change. There is no change in the fee amounts from Resolution No. 2004-167 and this Ordinance. MOTION: Case moved, seconded by Aho, to close the Public Hearing and approve 1St Reading of Ordinance No. 19-2005 establishing a Fee Schedule for Administration of Official Controls. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Young 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." XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 19-2005 ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2005-115 APPROVING SUMMARY ORDINANCE Neal noted the first reading of the Ordinance was addressed under the Public Hearing section of the agenda. MOTION: Aho moved, seconded by Young, to approve 2nd Reading of Ordinance 19-2005 establishing a Fee Schedule for Administration of Official Controls, and adopt Resolution No. 2005-115 approving summary Ordinance for publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. STUDENT REPRESENTATIVES ON COMMISSIONS Neal explained 16 applications were received. Three students are being appointed to each Commission. All student terms begin in October 2005 and end in May 2006. An orientation session will be held for the student representatives on Wednesday, September 28, 2005, before they begin serving on their Commission. The orientation will include general information on City government, the City Council, as well as Commission structure and function. MOTION: Case moved, seconded by Butcher, to appoint Danny Crichton, Graham Kist, and Ali Neugebauer to the Parks, Recreation and Natural Resources CITY COUNCIL MINUTES September 20, 2005 Page 6 Commission to terms beginning October 2005 through May 2006. Motion carried 5-0. MOTION: Case moved, seconded by Aho, to appoint Jill Bartel, Rori Costello, and Sandra Moran as Student Representatives to the Human Rights and Diversity Commission to terms beginning October 2005 through May 2006. Motion carried 5-0. MOTION: Aho moved, seconded by Case, to appoint Danny Dunleavy, Anna Hewitt, and Jennifer Nicklay as Student Representatives to the Heritage Preservation Commission to terms beginning October 2005 through May 2006. Motion carried 5-0. MOTION: Young moved, seconded by Aho, to appoint Sarah Erickson, Michael Kientzle, and Rui (Grace) Li as Student Representatives to the Arts and Culture Commission to terms beginning October 2005 through May 2006. Motion carried 5-0. XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Upcoming City Events—Mayor Tyra-Lukens Tyra-Lukens reminded citizens about the MCA Open House, to be held September 27, 2005 at 7 p.m. in the Community Rooms on the lower level of Eden Prairie Center, and the Town Meeting on the Parks Referendum, to be held October 11"' at 7 p.m. in the Council Chamber. 2. Budget and Tax Planning-- Mayor Tyra-Lukens Tyra-Lukens said there seemed to be a desire among Councilmembers to reduce the budget and levy less than the maximum set at the last meeting. Staff has already tried to trim the budget, and Council did reject their Human Services cuts. Tyra-Lukens asked Councilmembers to come to the October 4"'meeting with specific ideas of programs to cut. This timeline would allow staff to determine how much could be saved from those cuts. Young said he required information on City departments to make such recommendations and had requested it,but not received it. He especially wanted to look at departments with increases above COLA and employee benefit costs. His ability to respond for the October 4"'meeting is dependent on getting that data. Aho agreed data is needed and said he had made some recommendations already. Neal said the information is being prepared and a detailed line item budget would go out in the Friday CITY COUNCIL MINUTES September 20, 2005 Page 7 Council packet. Tyra-Lukens reiterated that recommendations would need to go beyond minor adjustments to real service changes and urged Councilmembers to think about what changes to recommend. 3. Urban Land Institute—Councilmember Aho Aho shared he had attended a presentation by the Urban Land Institute, for which Charleston, SC Mayor Joe Riley was the speaker. Two main points regarding redevelopment were to always ask how even the most unglamorous project could be made beautiful, and to use redevelopment of one keystone property to revitalize an entire neighborhood. Since Eden Prairie is beginning to face redevelopment, some lessons can be learned. Butcher noted that by intertwining historic preservation and economic development, Charleston has become a tourist hub. B. REPORT OF CITY MANAGER 1. Updates Neal welcomed Boy Scout Ben Cutler to the meeting. He shared the City hosted ten public works directors from Australia. Neal also said Staff are working on the report on Human Services that was requested by the Council. 2. DVD on City for China Trip Neal said the City is developing a 5-10 minute DVD about Eden Prairie, which will be taken to China by Superintendent Krull as part of the Governor's trade delegation. City employee Lisa Wu will do the Chinese narration. One of the hopes is to make a connection with a sister city. Tyra-Lukens asked if the DVD would be produced in English also. It would be useful. Neal agreed this was a good idea. 3. Life on the Prairie Neal urged residents to watch this excellent program, which airs Monday, Wednesday and Friday at 10 am, 2 pm, and 1 1pm; Tuesday and Thursday at 10 am, 2 pm, 6:30 pm, and 11 pm; and Saturday and Sunday at 9 am, 6:30 pm, and 10 pm. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Lower Puriatory Creek Conservation Area Trail Plan CITY COUNCIL MINUTES September 20, 2005 Page 8 Lambert explained the City is developing plans for three trail systems. Edenbrook and Riley Creek have already been approved. Lower Purgatory Creek is the last of the three. All residents within 1000 feet of the trail were notified, generating 14 volunteers who worked on the plans throughout the spring and summer. Lambert noted the most challenging issue requires a land swap. Trail development consultant Jeff Schoenbrauer gave an overview of the process and the final plans. In addition to the task force,he met with 12 different individuals and groups to address concerns. An open house was attended by about 60 people. There was overwhelming support for a natural trail vs. a multiuse trail. The trail will be a single track, occasionally widening so two can walk abreast. Because of the ravine topography, there will be 10-12 bridges, simple wood structures. The proposed first phase would be from the entry point at Homeward Hills Park south to the entry point at Gantry Way. The estimated cost for the first phase of this trail project is $168,500; and the total cost for all phases is $449,500. The City has petitioned the Watershed District to fund fifty- percent of the cost of these projects. Schoenbrauer noted several areas on the map where plans had been adjusted to fit residents' needs. The biggest adjustment is a proposed property swap with resident Greg Mortenson to create an entrance point. The City's outlot is constricted,has an unfavorable grade, and abuts outdoor living space used by Mortenson. The plan proposes an even swap of 17,000 square feet (about one-half acre), where the City would get a more favorable piece of land for its entrance and Mortenson would get the current City outlot. The other neighbor to the new entry approves the swap. Lambert noted it would be a warranty deed for warranty deed swap. Councilmember Case left the meeting at 7:55 p.m. Schoenbrauer said the $450,000 cost estimate is conservative and may come in lower. He invited task force members to comment. Mortenson thanked the City for it responsiveness to his issue. John McNeill, of 11105 Bluestem Lane, said he was very satisfied with the openness and completeness of the process. Not everyone in the neighborhood may be in favor of the project,but it does fit the neighborhood and the expectations he had when he purchased his home. Tyra-Lukens thanked the task force members for their input. Butcher asked about parking for the trail. Schoenbrauer said Homeward Hills park provides some parking, and another lot will be added on the southern end when the trail goes through. CITY COUNCIL MINUTES September 20, 2005 Page 9 Lambert asked the Council for a motion to approve the land swap concept. He explained the next step would be final approval of the master plan and phasing at the October 4 h workshop. The plans would then go in the CIP and the City would approach the watershed district to fund 50% of the cost. Tyra-Lukens asked if the projects were prioritized if the watershed district could not fund them all. Lambert said yes. It is also possible the City would need to fund the projects upfront and be paid back by the watershed district over a period of eight years. MOTION: Aho moved, seconded by Butcher, to approve the Lower Purgatory Creek Conservation Area Trail Plan as per the recommendation of the Parks, Recreation and Natural Resources Commission, the Lower Purgatory Creek Conservation Area Trail Planning Committee and the consultant. Motion carried 4-0. MOTION: Butcher moved, seconded by Aho, to approve the land swap concept to create a trail access to the proposed Lower Purgatory Creek Conservation Area Trail. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:10 p.m.