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City Council - 09/04/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 4, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:12 PM. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS Mayor Young presented a proclamation recognizing the outstanding achievement of the American Legion Baseball team as the 2007 National Runner Up in the World Series. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Items XIV.A.1. Smith-Douglas-More House, XIV.A.2. Senior Center and XIV.A.3. Martini Park. He noted there was additional information tonight about Items IX.A., IX.C., and XIV.B.1. That information is printed on the goldenrod paper. He noted the Liberty Plaza item(Item IX.C.) includes a request for early grading. There was an extra $200,000 included in the amount for the proposed 2008 property tax levy (Item XIV.B.1) so the correct amount for that item is $33,618,626. Butcher added Item XV.A.2. uestion from Resident Feedback MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 21, 2007 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the Council Workshop held Tuesday, August 21, 2007, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 21, 2007 CITY COUNCIL MINUTES September 4, 2007 Page 2 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the Council Meeting held Tuesday, August 21, 2007, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SENIOR ADVISORY COUNCIL Sharon Steiner, Chair of the Senior Advisory Council, said the Senior Advisory Council currently has nine members who serve two-year terms. The members must be Eden Prairie residents and must be 50 years old or older. The Senior Center staff serves as their liaison. Their mission is to provide for the social,recreational, educational and physical needs of older adults, to enhance the visibility of older adults and to promote older adult participation in all aspects of community life. She reviewed the purpose and duties of the Senior Advisory Council. The Senior Center has special designated funds that amount to about$10,000 that assist with cost recovery with Senior Center programs, assist in financial support to individual participation as requested at meetings and purchase items on an as needed basis. They sponsor events such as the Garden Party in July, a Welcome Coffee, Senior Awareness Month and various special events. She reviewed their future goals which include continuing to increase participation in programs and services, developing an Information/Resource Brochure related to senior services and working with Senior Center staff to assist in cost recovery of senior programs and events. VIII. CONSENT CALENDAR A. WINDSOR PLAZA Second Reading of Ordinance 21-2007-PUD-9-2007 for Planned Unit Development District Review with waivers on 4.44 acres, Zoning District Change from Rural, Commercial Regional Service and Office to Commercial Regional Service on 4.44 acres, Site Plan Review on 4.44 acres. Location: West of Flying Cloud Drive, south of Singletree Lane, north of Regional Center Road. (Ordinance No. 21-2007-PUD-9-2007 for PUD District Review with waivers and Zoning District Change; Resolution No. 2007-88 for Site Plan Review) B. ADOPT RESOLUTION NO. 2007-89 APPROVING FINAL PLAT OF WINDSOR PLAZA C. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND RANDY'S BOBBY & STEVE'S AUTOWORLD D. APPROVE SECOND READING OF ORDINANCE NO. 22-2007 AMENDING CITY CODE CHAPTER 11 RELATING TO OFF-STREET PARKING AND ADOPT RESOLUTION NO. 2007-90 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MINUTES September 4, 2007 Page 3 E. ADOPT RESOLUTION NO. 2007-91 VACATING THE PUBLIC RIGHT- OF-WAY EASEMENT AND SLOPE EASEMENT OVER PART OF EDEN ROAD, VACATION NO. 07-03 F. APPLICATION FOR WINTER USE OF LRT TRAIL G. ADOPT RESOLUTION NO. 2007-92 AMENDING RESOLUTION 2007-14 BY AMENDING MEETING DATES FOR HUMAN RIGHTS AND DIVERSITY COMMISSION FOR 2007 H. ADOPT RESOLUTION NO. 2007-93 AUTHORIZING EXECUTION OF THE 2007 CDBG SUBRECIPIENT AGREEMENTS I. APPROVE AGREEMENT WITH T-MOBILE CENTRAL LLC FOR CELL TOWER RENTAL AT 9325 DELL ROAD J. APPROVE AGREEMENT WITH T-MOBILE CENTRAL LLC FOR CELL TOWER RENTAL AT 13900 HOLLY ROAD MOTION: Aho moved, seconded by Duckstad, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. OAK CREEK AT HENNEPIN VILLAGE Request for: Guide Plan Change from Public Open Space to Medium Density Residential on 1.3 acres and from Medium Density Residential to Public Open Space on 1.6 acres, Planned Unit Development Concept Review on 73.8 acres, Planned Unit Development District Review on 73.8 acres, Zoning District Change from Rural to R1-9.5 on 21.54 acres and from Rural to R1-13.5 on 1.8 acres, and Preliminary Plat of 73.8 acres into 109 lots and six outlots. Location: Eden Prairie Road. (Resolution No. 2007-94 for Guide Plan Change; Resolution No. 2007-95 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No. 2007-96 for Preliminary Plat) Neal said this is a public hearing to consider the Oak Creek at Hennepin Village project. He said official notice of this public hearing was published in the August 23, 2007 Eden Prairie Sun Current and sent to 86 property owners. The original plan for Hennepin Village approved in 2001 was a 249 acre mixed use project of single family, multiple family, neighborhood commercial, office and open space. There were four phases in the master plan. Phases A, C, and D have been approved for rezoning and subdivision and are under construction. Site B has concept approval for 167 units, a mix of small lot single family and townhouses. The proposed change is from 167 single family and townhouse units to 106, R1-9.5 single family homes. The proposed net density is 5.18 units per acre. The plan presented to the Planning Commission had 105 lots. Since the meeting an access to Eden Prairie Road has been eliminated which has created room for another lot. CITY COUNCIL MINUTES September 4, 2007 Page 4 There is also a 1.8 acre site west of Eden Prairie Road for 3, R1-13.5 single family lots. Dan Herbst, Pemtom Land Company, gave a Power Point presentation on the proposal and reviewed the history of the project. He said the plan presented tonight has 106 small lots and three lots across the street from the others. The Ryland Group and Wooddale will be the builders in the project. They have developed an extensive trail system throughout the site. He said the 50 acres of office land has been acquired by United Properties and they are working with C.H. Robinson on that site. When that is completed there will be an estimated 2000-2400 employees working there. Nelson noticed in the Planning Commission report when they approved it they put an amendment in asking for more open space and there doesn't seem to be any. She asked if they have considered taking the one extra lot and turning it into a tot lot. She agreed with the Planning Commission that it would be nice to have at least one play area. Herbst said the neighborhood center at the top of the hill will have a tot lot and that is very close to the property. He thought they will have plenty of other amenities, and the greatest amenities will be the woods and the trails that go down to the creek. Nelson said she really wished there was something that was closer for small children like that provided in the other sites. Butcher said it is so nice to see this vision become such a reality. It is an overall plan the Council has supported since the time when Jean Harris was Mayor. She was staggered by the benefit to the City in terms of what has been given back even if there is no tot lot in that area. Young said he agreed with Councilmember Butcher. Herbst said they have plans to do rain gardens, some infiltration areas and a storm water system that is quite unique. There were no comments from the audience. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; to adopt Resolution No. 2007-94 for Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres; to adopt Resolution No. 2007-95 for Planned Unit Development Concept Review on 73.8 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 on 1.8 acres and from Rural to R1-9.5 on 21.54 acres; to adopt Resolution No. 2007-96 for Preliminary Plat on 73.8 acres into106 lots, 6 outlots and road right-of-way; and to direct staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. AMENDMENT TO THE MOTION: Butcher moved, seconded by Duckstad, to change the total number of lots to 109 lots. Motion carried 5-0. CITY COUNCIL MINUTES September 4, 2007 Page 5 VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. B. WILLIAM SMALL PROPERTY Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 9 lots and road right-of-way. Location: Southwest corner of Eden Prairie Road and Beverly Drive. (Ordinance for Zoning District Change; Resolution No. 2007-97 for Preliminary Plat) Neal said this is a nine lot single family development that conforms to City requirements. The 120-Day review period expires on November 14, 2007. The Planning Commission voted 6-0 to recommend approval of the project at the August 13, 2007 meeting. Official notice of this public hearing was published in the August 23, 2007, Eden Prairie Sun Current and sent to 13 property owners. Jeremiah said this project has been waiting for the previous project's approval due to utility connections. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing, to approve 1 st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 5.01 acres, to adopt Resolution No. 2007-97 for Preliminary Plat of 5.01 acres into nine lots and road right-of-way, and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations. Motion carried 5-0. C. LIBERTY PLAZA Request for: Guide Plan Change from Industrial to Office on 17.31 acres, Planned Unit Development Concept Review on 47.65 acres, Planned Unit Development District Review with waivers on 47.65 acres,Zoning District Amendment within the I-2 Zoning District on 30.34 acres, Zoning District Change from Rural and I-2 to Office on 17.31 acres, Site Plan Review on 17.31 acres and Preliminary Plat of 47.65 acres into two lots and road right-of-way. Location: 7075 Flying Cloud Drive. (Resolution No. 2007-98 for Guide Plan Change; Resolution No. 2007-99 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2007-100 for Preliminary Plat) Neal said official notice of this public hearing was published in the August 23, 2007, Eden Prairie Sun Current and sent to 15 property owners. The project includes a guide plan change from industrial to office on 17.31 acres. The other 30.34 acres will remain industrial. The plan includes a 128,000 square foot four- story office building, keeping the existing 345,000 square foot building, right-of- way and improvements for Flying Cloud Drive, right-of-way for the future construction of West 701h Street, and outlots for light rail station and corridor. He listed the conditions of approval including items relating to future land use, roads, light rail, parking, infiltration and access. CITY COUNCIL MINUTES September 4, 2007 Page 6 The 120-day review period expires on November 18, 2007. The Planning Commission first reviewed this project at the August 13, 2007 meeting and recommended that the project be continued with direction to staff and the developer to resolve the items relating to light rail, roads, parking, infiltration and access identified in the staff report. The Planning Commission voted 5-0 to recommend approval of the project at the August 27, 2007 meeting. Jeremiah said the development staff is happy to see a viable reuse and infill of this property for at least an interim time period and are pleased to see the current and future public uses are being accommodated through agreement. Dietz referred the Council members to the revised information about the project provided this evening, noting proponent has requested an early grading permit. Rich Weiblein, Liberty Property Trust, addressed the proposal. He said they planned a Leadership in Energy and Environmental Design (LEED) design and plan to capitalize on the natural environment. Ed Farr, architect for the project,reviewed the site plan. He said the project fits very well together and they are using very energy efficient materials in the building. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing, to adopt Resolution 2007-98 for Guide Plan Change from Industrial to Office on 17.31 acres, to adopt Resolution 2007-99 for Planned Unit Development Concept Review on 47.65 acres, to approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to Office on 17.31 and Zoning District Amendment in the I-2 District on 30.34, to adopt Resolution 2007-100 for Preliminary Plat on 47.65 acres into 2 lots and Road right of way lot, to authorize staff to issue an early grading permit at the developer's risk, and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations. Motion carried 5-0. Nelson complimented proponent on putting together a LEED building. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES September 4, 2007 Page 7 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Question from Resident Feedback - Butcher Butcher said she has received some input from residents who are concerned about how they will hear additional dialogue on the budget and when that will occur. She asked if there is another way that they can hear more because she thought it was important to have an open dialogue. She noted there was at least one individual who appeared to be unaware of the Open Podium and Open Forum and she was wondering how other residents might know about those opportunities. Neal said the Open Podium and Open Forum times are listed on the website. Young said he reads the announcement at every Council meeting. Neal said we have reserved the first meeting in November for an additional budget discussion. We could move that up and do some rescheduling if we want. We have a joint meeting with the School District for the next workshop that will ends around 6:00 PM, and he thought we might have the fund balance presentation from 6:00 to 6:30 PM that night. He thought there were some other tentatively scheduled workshops that we could reschedule in order to add additional budget discussion time. Butcher said she would like to do that so we can have our discussion and get the schedule for our discussions out to the newspapers so people know when to come. Nelson said we need to meet to discuss the budget before November and she thought we should set some time aside to really discuss some of this. We need to be discussing it in early October. Young thought we are having substantive discussions about the budget earlier than ever,but we should have one in October. Duckstad concurred about having further discussions and he thought the more, the better. This gives us a chance to discuss it and gives the citizens of Eden Prairie an opportunity to listen and weigh in on what we are doing. B. REPORT OF CITY MANAGER 1. Certification of Proposed Tax Levy (Resolution No. 2007-101) Neal said this is the evening that we set the preliminary budget and the preliminary tax levy for 2008 in order to provide the information to Hennepin County to create the Truth-in-Taxation notices. Minnesota law authorizes the HRA to levy a tax with the consent of the City Council. CITY COUNCIL MINUTES September 4, 2007 Page 8 The requested action will establish a preliminary City budget and property tax levy for 2008. The proposed budget and levy included in the resolution are what staff refers to as "Version 1.0". Version 1.0 is the first draft of the 2008 budget, which includes revenue and expense projections based on initial requests from City staff. Version 1.0 does not include the staff reductions or human services funding reductions that are included in the City's Manager's Recommended Budget, which staff refers to as "Version 2.0". Establishing the preliminary budget and levy set the starting point for finalizing the City Council's deliberations on the 2008 City budget. Establishing the starting point for the 2008 budget at the Version 1.0 levels will provide the City Council with sufficient budgetary flexibility to continue your discussion of budget philosophy into December when a final budget and final levy must be set. Nelson asked if the difference between the proposed budget and the proposed tax levy is because we have other sources of income. Neal said that is correct. Duckstad said the proposed resolution as drawn does not indicate that it is a preliminary or temporary amount and subject to change. He proposed an additional paragraph to the resolution to clarify it is a preliminary amount and is subject to change. Rosow said the amount of the levy cannot go up by law, so it would have to be clear that it was not subject to change either way because it could only go down. He suggested changing the resolution to use the term"proposed preliminary" for the levy totals and to add a sentence stating it establishes a maximum amount of the levy and the levy can be no more but may be less at the Council's discretion. Neal noted the amounts listed in the resolution in the Council packets should be corrected by reducing both amounts $200,000. MOTION: Duckstad moved, seconded by Nelson, to adopt Resolution No. 2007-101 that certifies the proposed 2008 property tax levy to be $33,618,626, and sets the "Truth-in-Taxation"public hearing for Monday, December 3, 2007 and, if necessary, to reconvene the public hearing on Tuesday, December 11, 2007, and accepts the proposed 2008 budget of$42,054,786, and consents and approves the HRA tax levy of $200,000, and establishes a maximum amount of the levy that can be no more but may be less at the Council's discretion. Motion carried 5-0. 2. Smith-Douglas-More House CITY COUNCIL MINUTES September 4, 2007 Page 9 Neal said there is an appraisal of the Smith-Douglas-More property going on by the Colliers firm. They started on August 21 and we will get the final report on September 11. Staff will bring the information back to the Council. He said there is another item regarding the title to this property that Mr. Rosow will describe. Rosow said the City purchased the property in 1981 by a contract-for-deed, which called for regular payments with the final payment due in 1986. At the same time we entered into a lease with the Mores that allowed them to continue to live there as long as it was their personal residence. The contract for deed was paid in full in 1986, and the lease has been terminated according to the terms of the lease. The City never formally received the warranty deed and we need to obtain that deed. We have every expectation we will be able to complete the procedure through the Personal Representative of the estate to obtain the warranty deed. We have possession of the property because of the contract-for-deed and full payment,but we need to complete performance by receiving the deed. 3. Senior Center Neal said we have had a recommendation from the BAC to study the idea of relocating the activities and programs of the Senior Center to the Community Center. The rationale for that recommendation was related to the fact there might be some budget savings by combining the facilities. One of the driving forces behind that idea was because of the construction going on at the Community Center. There may be a window of opportunity to look at that now in case there would be some design savings in addition to the operational savings that would come from the relocation. He has had discussions with Mr. Lotthammer and talked to the architects to get a potential cost estimate to do this. They also consulted with the construction managers at the site who told them there really is no advantage to amend the project there at this time to add a Senior Center element. The architects said it would cost about$15-20,000 to be able to answer the questions about replicating new square footage at the Community Center for the Senior Center. Young said we alluded to this during the workshop discussion, and he thought the issue has sufficiently run its course. He was respectful of the recommendation of the BAC, and we should always look at ways to condense space. If it would cost tax dollars for further study of the issue, the he thought it was appropriate for the Council to put an end to it. MOTION: Nelson moved, seconded by Butcher, that the City should not spend the money with an architect to research moving the Senior Center and that the City will continue the Senior Center programs at their current location. Motion carried 5-0. CITY COUNCIL MINUTES September 4, 2007 Page 10 4. Martini Park Neal said an item called Windsor Plaza was approved tonight and part of Windsor Plaza is a request to consider something called Martini Park, which would be a bar that would not meet our current liquor licensing requirements requiring the facility to include at least 50% or more of its gross receipts from the sale of food. Approving the request would require a change in our liquor licensing ordinance. We have the discretion to do that, but it would be a change that staff has not had much discussion about. We are discussing it tomorrow to try to get a handle on this and determine how to advise the Council. At this point we are not recommending any changes to our liquor license philosophy,but we will study the issue and bring some feedback. Neal said our joint meeting with the School Board is scheduled for 5:00 PM on September 18. The School Board has another meeting that night so we will wrap up around 6:00 PM. Neal said the night of the Truth-in-Taxation hearing is established by the State and will be held on Monday, December 3. In the past we have changed the regular Council meeting to Monday night instead of Tuesday, December 4. The consensus was to have the meeting on Monday night, December 3. Neal asked if the Council Members had any thoughts on the best time to schedule the meeting. Aho thought 7:00 PM was nice in order to give people time to get home from work and we would have better attendance. Nelson thought that was true,but if we continue with the Council meeting after that perhaps we should plan to meet on Monday unless we have discovered we need more time to discuss the budget in which case we may need to also meet on Tuesday. Neal said we should make this decision at the next meeting on September 18. Young asked if we will give final approval of the budget at the second meeting of December. Neal said that was correct. Neal noted the Council tonight approved some very significant projects in the City that will add over$250,000,000 of future tax valuation to the City's tax rolls. The projects approved will be major positive additions to the City. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 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 CITY COUNCIL MINUTES September 4, 2007 Page 11 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 8:25 PM.