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City Council - 12/05/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, DECEMBER 5, 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, Finance Manager Sue Kotchevar, City Engineer Alan Gray, 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. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal stated the public hearing on Eden View Estates will be continued until January 17t' pending resolution of site access. Tyra-Lukens moved the Doughty Addition public hearing and Flying Cloud Airport Commission item to before the Truth-in-Taxation hearing at 7:30 p.m. MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 5-0. V. CIP PUBLIC HEARING Finance Manager Sue Kotchevar presented an overview of the CIP. The CIP provides funds for capital maintenance and improvement in a sustainable and affordable way. The plan includes $119 million in projects from 2006 to 2010, including $59 million for transportation and $23 million for parks. Other major projects include the new fire station, roads, and a software upgrade for police to migrate to the regional radio system. The CIP is funded through a variety of funding streams, including assessments, some debt, and the referendum. Major outcomes include transportation maintenance, the parks referendum items, the Miller Park baseball stadium, EPI assessments of facilities, and the new fire station. There were no comments from the public. CITY COUNCIL MINUTES December 5, 2005 Page 2 MOTION: Case moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2005-137 approving the 2006 to 2010 Capital Improvement Plan. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS B. DOUGHTY ADDITION by Baton Building Company. First Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.06 acres and Preliminary Plat of 1.06 acres into two lots and right-of-way. Location: 13200 Roberts Drive. (Ordinance for Zoning District Change and Resolution No. 2005-142 for Preliminary Plat) Neal said this is for a two lot single-family development. The plan meets the requirements of the R1-13.5 zoning district. The Planning Commission voted 6-0 to recommend approval of the project to the City Council at its November 14, 2005 meeting. There were no comments from the public. MOTION: Young moved, seconded by Case, to close the Public Hearing, approve 1st Reading of the Ordinance for Zoning District Change within the R1-13.5 Zoning District on 1.06 acres, adopt Resolution No. 2005-142 for Preliminary Plat on 1.06 acres into two lots and right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE ESTABLISHING A FLYING CLOUD AIRPORT COMMISSION Neal presented a redline draft of a code re-establishing the Flying Cloud Airport Commission showing the parameters of the commission and the past and proposed changes. He asked for Council's comments. Young questioned the three charges of the commission in sub-paragraph A. The charges to monitor the agreement and to address noise concerns were clear, but the first charge seemed vague. Rosow said this was the language in the original ordinance and was intended to allow the Commission to address classification, rules, etc. The first charge may be redundant given these items are now detailed in the agreement. Rosow suggested reviewing the language with Senior Planner Scott Kipp to confirm the language could be removed. He noted matters of zoning and development of lands adjacent to the airport had been removed and would be handled by the Planning Commission. Case cautioned against removing the language unless it were truly redundant. For example, the City never agreed not to dispute the agreement if the legislature reclassified the airport. He deferred to Rosow and Kipp. Aho questioned the need for a Commission at all. He was concerned business members would not be CITY COUNCIL MINUTES December 5, 2005 Page 3 interested in serving again—some felt their authority was pulled the minute decisions had to be made. The City could monitor the agreement and get updates by some other means, such as a quarterly Staff review. Tyra-Lukens clarified the Commission had been advisory from the start. Past representatives, industry members, and airport users have perspective and expertise Staff does not have. The Commission would be an opportunity to get a variety of perspectives, not just those of Staff and Council. Young suggested striking the broad language in the first charge and adding "and other matters as Council may direct" to preserve flexibility. The Commission serves as a bridge between the residents and the MAC,but Staff audits of the agreement would also be fine. Young emphasized the need for balance on the Commission with business and airport representatives involved. Aho agreed, noting the commission seems weighted toward residents with four community members, two business representatives, and one MAC representative. The Commission could become a lightning rod for complaints. Case disagreed, saying there are more residents than airport users. The City should err on the side of residents in balancing the Commission. Tyra-Lukens said the Commission clearly needs some business representation but didn't anticipate trouble recruiting members. Rosow called attention to the meeting schedule and cost sharing provisions in the ordinance. Council had discussed possibly limiting the number of meetings but no number was determined. Cost sharing with MAC was also discussed. The City cannot force cost sharing by ordinance,but Rosow could bring the first reading to the MAC and get their answer. Aho noted the airport does affect residents,but also affects much more than a few businesses. Private aviation is a great opportunity and draw for businesses. Young said the issue is not so much the number of members as the atmosphere. Business members will not serve if they feel they are just going to get beat up. Tyra-Lukens said the past selection process was handled with great care to include a variety of perspectives: business, anti-airport, resident plane owners, and resident non-plane owners. Butcher noted the Council would approve the membership so all would have input. Young asked if the broad language would be stricken. Tyra-Lukens expressed approval for the idea. Rosow said he would bring revised language on the second reading reflecting his interpretation of Council's discussion. MOTION: Case moved, seconded by Butcher, to approve 1St Reading of the Ordinance Amending City Code Chapter 2, establishing the Flying Cloud Airport Advisory Commission. Motion carried 5-0. At 7:30 p.m. the Council Meeting was adjourned to hold the Truth-in-Taxation Hearing. CITY COUNCIL MINUTES December 5, 2005 Page 4 VI. TRUTH-IN-TAXATION PUBLIC HEARING— see separate minutes. The Council Meeting was reopened at the conclusion of the Truth-in-Taxation Hearing. VII. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 15, 2005 MOTION: Aho moved, seconded by Case, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 15, 2005 MOTION: Butcher moved, seconded by Young, to approve the City Council minutes as published. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDENVALE HIGHLANDS 2ND by Calhoun Development. Second Reading of the Planned Unit Development District Review with waivers on 22.7 acres; Zoning District Change from Rural to R1-13.5 on 22.7 acres. Location: 15598 Michele Lane. (Ordinance 23-2005 for PUD-14-2005 District Review with waivers and Zoning District Change) C. ADOPT RESOLUTION NO. 2005-130 APPROVING FINAL PLAT OF THE PRESERVE AT EDENVALE D. APPROVE CHANGE ORDER NO. 1 FOR THE COLUMBINE ROAD PROJECT, I.C. 52-130 E. ADOPT RESOLUTION NO. 2005-139 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES F. ADOPT RESOLUTION NO. 2005-140 RELATING TO $4,920,000 GENERAL OBLIGATION BONDS, SERIES 2005c AND RESOLUTION NO. 2005-141 RELATING TO $8,425,000 GENERAL OBLIGATION BONDS SERIES 2006A G. APPROVE THE LATE PICK UP POLICY FOR PARKS AND RECREATION PROGRAMS MOTION: Butcher moved, seconded by Young, to approve Items A-G on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES December 5, 2005 Page 5 IX. PUBLIC HEARINGS /MEETINGS A. EDEN VIEW ESTATES by Insignia Development, LLC. First Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the Rural Zoning District on 8.00 acres; Resolution for Planned Unit Development Concept Review on 8.00 acres; Resolution for Preliminary Plat on 8.00 acres. Location: 17650 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) The Public Hearing was continued to January 17, 2005 at the request of Insignia Development pending resolution of the access to the site. B. DOUGHTY ADDITION— see minutes on Page 2. C. PIONEER TRAIL IMPROVEMENTS, I.C. 04-5631 Neal explained Preliminary Layout No. lE provides a continuous 4-lane divided roadway with left and right turn lanes on Pioneer Trail. In addition, multi-use trails are provided on both sides of Pioneer Trail for the entire length of the project. The project manager from Hennepin County, Chris Sagsveen, said this section extends from west of Shetland Road to east of Hwy 212. This hearing is for approval of the preliminary layout, or footprint(alignment and number of lanes). If approved, the detailed design phase and acquisition of property would begin. The project manager reviewed the history of public input on the project, which began in June 2004. This project required extensive coordination with City engineers and parks representatives, property owners such as Grace Church and the MAC, a Citizen Advisory board composed of residents, neighborhood meetings, public hearings, a website, and meetings with individual property owners. The project manager stated the project is needed. Pioneer Trail is currently a two- lane rural road with gravel shoulders. It lacks right and left turn lanes and the structure and substructure of the road are deficient. There are too many access points. The new road would be a divided four-lane highway with a median and trails on both sides. Originally,plans called for the expansion to stop at Gould Road,but it made more sense to extend it to Shetland Road. Full access points would be located at Shetland Road, Gateway Lane, Gould Road, and Eden Prairie Road. There would be signal upgrades at Eden Prairie Road, Mitchell Road, Staring Lake Parkway, and Hwy 212. Residents at other intersections will now have partial access due to the median, which will be a change for them. CITY COUNCIL MINUTES December 5, 2005 Page 6 The project manager also reviewed changes in the alignment during the process. A developer dedicated property to soften the curve in the Eden Heights area. The alignment impacts the Flying Cloud fields, requiring a wall and fencing. These details were worked out with the Parks department and with MAC. Further east, the road caused some tree impacts in Staring Lake Park, which will be mitigated. Access was changed at Flying Cloud airport. The county also worked to provide full access to a development on the northwest corner of Hwy 212, as well as to the Cummins-Grill property. The chosen alignment provides opportunity for right turn lanes and reduces impacts. Trees are the biggest issue for the City and the County will follow the City's tree ordinance. Property owners impacted by the right of way will also be compensated for tree losses. The total project will cost$14 million, of which the City portion is $3.5 million. $2.9 million in federal funding is also available and would be shared between the City and County. To access the federal funds, the project plan must be complete by September 2007. Construction would likely begin in summer 2008. Resident Terry Eggan, who lives on the corner of Staring Lake Parkway and Pioneer Trail,protested the alignment of the road. The project would require moving his $10,000 fence, destroying three 100-year-old trees, and taking 15 feet of his property. Eggan said he is a 48-year resident of Eden Prairie and has put a lot of effort into his property to make it a wildlife haven—it has been featured in the Star Tribune and will soon be featured on the Home and Garden network. He presented photos. Eggan said he has a background in real estate and as a general contractor and understands the road alignment process. For most of the road, there are few choices. For his section,however, there is a viable alternate alignment. Eggan said he had heard of the possible expansion when he purchased his property seven years ago,but the engineer at that time believed it would be more logical to align the road further south onto vacant land rather than taking private land on the north. He proposed shifting the road 15 feet south along his section. Eggan said he had researched the impacts of this shift. The main one would be less space for the Flying Cloud baseball fields. Eggan said he had referenced measurements on the size of field needed for different ages as published by the Eden Prairie Baseball Association and the University of Minnesota. The fields would still be adequate to the age of kids who use them and could still be used for football and soccer. In regard to Parks' need for trees and snow removal, Eggan said they could use a snowblower. Eggan acknowledged Staff had said he might not be able to save his trees even with the realignment, due to utility easements. Eggan argued it would not be logical or in line with history for Xcel to purchase an easement from him. He also said he is not legally required to grant them an easement for utility poles. Eggan further argued shifting the road 15 feet south would save hundreds of thousands of dollars in land acquisition and utility costs. The Flying Cloud fields are leased CITY COUNCIL MINUTES December 5, 2005 Page 7 and the City does not need to put trees on temporary land. It would be better to protect homes that will be there for the long term. Tom Siering, President of the Eden Prairie Baseball Association, clarified the Association's position. The fields are used for 7-8 year olds for both games and practices. The fields are big enough for games even with the southern alignment. However, at this age, there are a lot of practices for player development. Typically, one team uses the infield and the other the outfield. This could affect safety, as players would be hitting close to the fence. Siering said the Association could live with the southern alignment provided the trees could be saved and the road design were equally optimal. Otherwise, the Association would prefer the current alignment. Matt Schimmel, 9097 Gateway Lane, stated he had been a general contractor and developer in the past. He argued the design is exaggerated for the use. Gateway Lane is a small neighborhood with little traffic, which county surveys confirmed. Having a right turn lane there encourages people to turn there in error while searching for Cedar Ridge Elementary. Only major intersections should have a right turn lane. Residents of the Gateway neighborhood do have an alternate exit through Candlewood Parkway to Eden Prairie Road. There also needs to be a crosswalk for kids crossing to Cedar Ridge Elementary. Schimmel argued Pioneer Trail is busy already and building it out will only increase traffic volumes and speeds. With T.H. 5 and the new Hwy 212, the area does not need another trunk highway. The planned 120-foot wide intersection at Gateway Lane with turn lanes and a median would significantly impact his property. A five-foot berm with a fence and six fair-sized trees would need to be removed. Schimmel's house would be less than 30 feet from the highway. Schimmel said expanding Pioneer Trail to some extent would be fine, but it is not good design or necessary to include all the turn lanes. Tyra-Lukens asked the project manager to address the turn lanes and the design principles. He noted the section east of Hwy 212 does not have turn lanes. It's still safe,but it is safer to remove turning traffic. The City surveyed residents as a result of the fall neighborhood meeting and the majority favored turn lanes to reduce crashes. Steven Schmidt, 9100 Gateway Lane, said he had first heard of this project in March 2005. Because the road was extended from to Gateway Lane late in the process, their neighborhood did not have a representative. A six-lane intersection is overkill for a neighborhood of eleven families. He asked about accident rates on the section of Pioneer Trail east of Highway 212, without turn lanes. Gray said it is hard to look at the history of that section specifically since it is only four years old. However, national data indicate adding turn lanes to funnel traffic from a high-volume highway to a low-volume street is one of the most significant ways to increase safety. He acknowledged the neighborhood came late to the process CITY COUNCIL MINUTES December 5, 2005 Page 8 and had to be independently brought up to speed. It will be easier to get onto Pioneer Trail with the new light so there will be more volume at the intersection. Michael McGraw, 15640 Pioneer Trail, said he first opposed the project, but now supported it. With three fatal accidents and an airlift on his corner, the project is needed for safety. McGraw suggested plantings of wild grasses on the median, similar to T.H. 62, to reduce speeds and give a nice look. The project would unify the road. McGraw suggested wildlife crossing bridges and just having a nice sidewalk on the south side rather than sidewalks on both sides. Rick Johnson, of 15080 Pioneer Trail, said he was the committee member representing Zone 4. The people in the zone are in agreement to move the road 15 feet south to avoid land acquisition on the north. Johnson said more ball fields will be added to the area between Grace Church and the Flying Cloud fields which will make up for the impacts to baseball. One neighbor has a farmstead and will lose his left-turn access,having to go a half-mile out of the way. Johnson said one of the original plans had a more southern orientation that was acceptable to the City. If it was acceptable then, it should be now. Tom Siering, President of the Eden Prairie Baseball Association, clarified fields are moving to the new locale, not being added. Another is a replacement for the CMS field lost due to Hwy 312. These fields will be used by adults. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing. Motion carried 5-0. Case noted conflict of interest issues require a personal financial benefit. He noted he lives on the corridor at the intersection of LaRivier Court and Pioneer Trail. He had intentionally not participated in the process. While the proposed southern shift would not affect Case's property, it would benefit the 10 properties to the east with 30-foot setbacks. Case said he had spoken to all his neighbors in Zone 4. The shift makes sense for all 10 properties. It is a public vs. private land issue. The City does value private land ownership. Case said he had measured the baseball fields and they would be workable. It is a case of property rights, not saving individual trees. Engineers would prefer not to go south,but it is workable. Case asked if the farmstead could move its driveway to resolve the access issue. The project manager said the alternate driveway site is MAC land and they are not willing to grant an easement. MAC is firm about the siting of the entrance point. Case asked if the turn lanes are necessary at every small street. The project manager acknowledged that throughout the County, you see turn lanes only at major streets. They are provided at all locations here. Young asked Dietz and Lambert to address Eggan's issue. Dietz said the situation is interesting because no one is saying it can't be done,but they are willing to live with it. Putting in a 15-foot jog in the road is not the best idea,but it can be done and is done all the time. Dietz said the chances of saving Eggan's trees under the CITY COUNCIL MINUTES December 5, 2005 Page 9 new alignment would be about 50-50. The Staff would do everything in its power to save them but there is no guarantee. The project manager said the construction limits would fall south of the trees,but the utilities are not placed until the final design. There is also the issue of drainage and where to put the signal pole. Dietz noted there might be a need for temporary utility lines which might also impact the trees. Young asked if"not optimal" meant the re-routing would not be safe. The project manager said it is more an aesthetic issue—the road will look like there was a mistake. The towers are a control point so making a bulge in the road is the only option. Tyra-Lukens asked whether Eggan's description of cost savings was accurate. If so,perhaps the savings could be used to relocate the tower. The project manager said the savings would depend on what MAC wanted to charge for their property. Due to all their impacts, they are not willing to give an answer on how much they would want. Young asked for confirmation the main issue was aesthetic. The project manager agreed, saying the realignment wouldn't compromise safety. Dietz demurred, saying any bend in the road creates safety issues with inattention. Bends are made and the road would be built to the same standards,but it is more than just aesthetics. Lambert noted he had previously lived adjacent to Eggan's property. The trees were 4 inches in diameter 25 years ago and not quite as old as portrayed. From a Parks standpoint, the biggest impact is not Flying Cloud fields but huge tree impacts at Staring Lake Park, where 40-foot evergreens will be lost. The farmstead is a priority for parks acquisition should it become available. Lambert said the ball fields would be adequate for games under the proposed alignment but inadequate for outfield practice. There would be 40-50 feet less space than there is today. There will be no football capacity there regardless of the alignment chosen. The area is too narrow and the light standards will be lost. MAC will not allow their replacement. Football will move to Miller Park. Parks could get by with the southern alignment but it is not preferred. Eggan said there is a similar shift in the road near LaRivier Court. Drainage would not be an issue because he has berms. He said the 50-50 chance of saving his trees is a matter of opinion and the City should err on the side of the public. He suggested removing the median to save 15 feet. Tyra-Lukens said the main issues seemed to be the proposed 15-foot shift and the right turn lanes. She supported the turn lanes strongly to accommodate future growth,but was ambivalent about the shift. Aho agreed the shift is tough. He was not so much concerned with the trees as impacting private land. He supported the shift if it could be done without seriously degrading field use. Butcher said the greater good needs to be served. She had previously thought the shift would have no negative impact,but now it is clear Staff and the Baseball Association are not very happy with the plan. Tyra-Lukens asked about removing the median. The project manager said the 18-foot median is consistent throughout CITY COUNCIL MINUTES December 5, 2005 Page 10 the corridor, and taking it out would create confusion. In addition, because the left turn lane cuts into the median at that point, it is only 6 feet wide at that point. That six feet is needed for signage and can't be reduced. Young agreed the issue is difficult. He was sensitive to taking private property, even for public use. The safety issue at the ball fields is also a factor. Young said if saving the trees were guaranteed,he might think otherwise,but the impacts on the ball fields tipped him toward approving the motion. MOTION: Case moved, seconded by Tyra-Lukens, to amend the motion to relocate the alignment of Pioneer Trail 15 feet south from Staring Lake Parkway to LaRivier Court. The motion failed, with Case and Aho voting "aye" and Tyra- Lukens, Butcher, and Young voting "nay." MOTION: Young moved, seconded by Butcher, to adopt Resolution No. 2005- 143 approving Preliminary Layout No. lE for the Pioneer Trail (County Road 1) Improvements, from east of Highway 212 to west of Shetland Road. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case, 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. FIRST READING OF AN ORDINANCE ESTABLISHING A FLYING CLOUD AIRPORT COMMISSION— see minutes on Page 2. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. 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 E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES December 5, 2005 Page 11 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 10:45 p.m.