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City Council - 02/19/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 19, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS At 7:02 PM Mayor Tyra-Lukens opened the HRA meeting in shared session with the Council. The HRA meeting was closed at 7:04 PM. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.E. He noted the State of Minnesota Office of State Administration requires the City of Eden Prairie to execute a Master Subscriber Agreement for Minnesota Court Data Services in order to provide the City with certain court data services. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 5, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, February 5, 2013 as published. Motion carried 3-0-1, with Tyra-Lukens abstaining. CITY COUNCIL MINUTES February 19, 2013 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 5, 2013 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, February 5, 2013 as published. Motion carried 3-0-1, with Tyra-Lukens abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR LOT 1, BLOCK 3, BELL OAKS SECOND ADDITION B. APPROVE CHANGE ORDER NO. 2 FOR WATER TREATMENT PLANT SIDE 3 CLARIFIER RECOATING PROJECT C. APPROVE FOUR-YEAR CONTRACT WITH VISION INTERNET FOR WEBSITE HOSTING, UPGRADE, SUPPORT AND REDESIGN SERVICES D. ADOPT RESOLUTION NO. 2013-27 APPROVING EXECUTION OF A CONSENT AND A SUBORDINATION AGREEMENT FOR SUMMIT PLACE REFINANCING E. ADOPT RESOLUTION NO. 2013-33 APPROVING AGREEMENT WITH THE STATE OF MINNESOTA FOR DATA SERVICES MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-E on the Consent Calendar. Motion carried 4-0. IX . PUBLIC HEARINGS/MEETINGS A. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS - OUTLOT A, MITCHELL CROSSING AND OUTLOT A, MITCHELL CROSSING 2ND ADDITION AND PART OVER, UNDER AND ACROSS LOT 1, BLOCK 1, EDENVALE RECREATION CENTER 2ND ADDITION VACATION 13-02 (RESOLUTION NO. 2013-28) Getschow said two of tonight's three public hearings deal with vacation of easements. The first one relates to the Mitchell Crossing apartment project. Official notice of this public hearing was published in the January 31, 2013, Eden Prairie News and sent to 7 property owners. The property owners have requested the vacation of the drainage and utility easements to facilitate the plat of Five Mitchell Crossing for new apartment construction. The drainage and utility easements to be vacated were originally dedicated with the plats of Mitchell Crossing, Mitchell Crossing 2nd Addition and Edenvale Recreation Center 2nd Addition. hi order to accommodate a new apartment building on the lots, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Five Mitchell Crossing. The release of the resolution CITY COUNCIL MINUTES February 19, 2013 Page 3 vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of Five Mitchell Crossing. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2013-28 vacating the public drainage and utility easements lying over, under and across Outlot A, MITCHELL CROSSING and Outlot A, MITCHELL CROSSING 2ND ADDITION and part over, under and across Lot 1, Block 1, EDENVALE RECREATION CENTER 2ND ADDITION, all in Hennepin County, Minnesota. Motion carried 4-0. B. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 2, RIVERVIEW HEIGHTS RE-PLATTED AS LOT 2, BLOCK 2, RIVERVIEW HEIGHTS 2ND ADDITION; VACATION 13-03 (RESOLUTION NO. 2013-29) Getschow said the property owners have requested the vacation of a part of the drainage and utility easement to facilitate the building of a new home. The drainage and utility easement to be vacated was originally dedicated with the plat of Riverview Heights and then re-dedicated over the same lot with the re-plat of Riverview Heights 2nd Addition. In order to accommodate a new home, the property owners would like a part of the easement vacated. The easement covers approximately half the lot and, except for an easement varying from 5 feet to 20 feet that will remain around the outside of the lot, it is not needed for drainage or utilities. Official notice of this public hearing was published in the January 31, 2013, Eden Prairie News and sent to 9 property owners. Steve Chicoine, 11530 Landing Road, said his property is located next to the vacant lot. He understood that this item is to allow for the construction of a larger home rather than a new home. He was not sure that larger is better. He has lived in his home for over ten years and has never had a problem with drainage or flooding issues. There is clearly a drainage area through the vacant property and he was concerned about how it would impact his property. He thought there was plenty of room to construct a house even with the easement in place so he was opposed to the vacation of the easement. Ellis said the current lot has been vacant for quite some time. It has steep slopes and he did not know why there was a large drainage and utility easement placed on the lot. A drainage and utility easement cannot be put on a lot with steep slopes because the lot could not be used for drainage. The easement for storm water and sanitary sewer will remain on the property. We have restrictions in place that require anyone who develops on a steep slope to come before the Planning Commission and the City Council for approval. He said staff believes the City would have a hard time defending a drainage and utility easement if we are not using it for that purpose. Getschow noted we have code in terms of lot size and setback independent of the easement that governs the type of home that can be constructed on the lot. Tyra-Lukens asked if this is a kind of"orphan" easement and if the adjoining lots have CITY COUNCIL MINUTES February 19, 2013 Page 4 such easements on them. Ellis said he believed the adjoining lots have perimeter easements around them. There were a lot of restrictions placed on this lot for any type of development. For some reason those restrictions were never removed from this lot. There is a definite buildable portion of the lot where a home could be built. Tyra-Lukens noted there was a question about the size of the house that could be developed on the property and asked if we would have a hard time justifying the easement remaining. Ellis said that was our position when we were asked why the easement exists. It appears we don't have any plans for the easement. Beth Hustad, representing the property owner, said she was the original developer of the property. When it was developed they gave scenic easements in much of the area. There was a scenic easement in 1970 that expired in 1980. They re-platted the property with several scenic easements in this area as part of the new plat. They were not aware that the scenic easement remained on this lot. There is a building pad on the lot, and the easement would impair the building pad for a typical size home in this subdivision. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2013-29 vacating a part of the public drainage and utility easement lying over, under and across Lot 1, Block 2, RIVERVIEW HEIGHTS re-platted as Lot 2, Block 2, RIVERVIEW HEIGHTS 2ND ADDITION, Hennepin County, Minn. Motion carried 4-0. C. HOOVERSON ADDITION by Orin & Patricia Hooverson. Request for Guide Plan change from Parks/Open Space to Low Density Residential on .21 acres, Planned Unit Development Concept Review on .92 acres, Planned Unit Development District Review with waivers on .92 acres, Zoning District Change from Rural to R1-13.5 on .92 acres and Preliminary Plat of.92 acres into two lots. Location: 12151 Sunnybrook Road. (Resolution No. 2013-30 for Guide Plan Change; Resolution No. 2013-31 for PUD Concept Review; Resolution No. 2013-32 for Preliminary Plat) Getschow said official notice of this public hearing was published in the February 7, 2013, Eden Prairie News and sent to 23 property owners. This two lot single family subdivision conforms to the requirements of the R1-13.5 Zoning District. There is a wetland buffer width waiver from 25 to 10 feet for a portion of the wetland adjacent to the proposed home. This is part of a project where the City sold some remnant land to allow for the redevelopment of one existing home into two single family homes. Ellis said in October 2012 the City Council approved the purchase agreement for a strip of City property that was sold to Patricia and Orin Hooverson. Our desire was to try to clean up the corner at that location. A condition of the purchase agreement was that the structure on the property be removed and single family homes built in its place. The Guide Plan change is required because a 30-foot strip of the property was guided for parks and open space. This action will re-guide a strip of property to low density residential with the remainder staying guided parks and open space. CITY COUNCIL MINUTES February 19, 2013 Page 5 Tyra-Lukens asked if the access for Lot 2 will go directly onto Homeward Hills and if the proposed driveway configuration is a requirement as she was concerned about how dangerous it would be to back out from the property onto Homeward Hills Road. Ellis said the requirement is that they be able to turn their vehicle around in order to exit onto Homeward Hills Road. Nelson asked if the wetland setback of the house would still be within the regular limits. Ellis said it would. The wetland buffer will be reduced from 25 to 10 feet but there will be a total of 25 feet from the wetland to the driveway or the structure. Nelson asked if this does not affect the structure setback. Ellis said it does not and staff was very conservative in delimiting the wetland. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2013-30 for Guide Plan change from Parks/Open Space to Low Density Residential on .21 acres; to adopt Resolution No. 2013-31 for Planned Unit Development Concept Review on .92 acres; to 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 .92 acres; and to adopt Resolution No. 2013-32 for Preliminary Plat on .92 acres into 2 lots. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho,Butcher Wickstrom, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 5-2013 CHANGING THE NAME OF COCHRAN LANE TO MARTIN DRIVE Getschow said Cochran Lane is being renamed Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road to provide consistency and ease of access for emergency vehicles to the new development. A portion of Martin Drive presently runs east of Mitchell Road and intersects with Cochran Lane. From there, Cochran Lane runs south and loops back to the west to intersect with Mitchell Road. With the new Dos Manitas Daycare Facility and Five Mitchell Crossing Apartment developments, there will be an increased need for emergency vehicles and it will be more consistent for the entire roadway to be named Martin Drive. There will be no business or residential addresses affected by the name change. Staff checked and is unaware of any conflict related to the new street name choice. Aho asked what Buca's street address is. Getschow said it is Mitchell Road. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve First CITY COUNCIL MINUTES February 19, 2013 Page 6 Reading and Second Reading of Ordinance No. 5-2013 changing Cochran Lane to Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 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 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:27 PM.