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City Council - 10/15/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 15, 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. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE EDEN PRAIRIE EAGLES HIGH SCHOOL MARCHING BAND Mayor Tyra-Lukens read a proclamation proclaiming October 28, 2013, as Eden Prairie Eagles Marching Band Day. She presented the proclamation to representatives of the band. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there are changes on goldenrod paper for Item VIII.J., Item IX.C., and Item XIV.C.1. An additional item, Item VIII.K., on goldenrod paper was added to the Consent Calendar. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2013 CITY COUNCIL MINUTES October 15, 2013 Page 2 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, October 1, 2013, as published. Motion carried 3-0-1, with Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, October 1, 2013, as published. Motion carried 3-0-1, with Tyra-Lukens abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-88 APPROVING FINAL PLAT OF CITY WEST CORPORATE 2 ND ADDITION C. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Second Reading of Ordinance No. 16-2013-PUD-8-2013 for Planned Unit District Review and Zoning District Amendment within the Office Zoning District on 71 acres. Location: 11155 62nd St W. (Ordinance No. 16-2013-PUD-8-2013 for PUD District Review and Zoning District Amendment) D. PEOPLE'S ORGANIC COFFEE & WINE BAR by WCL Associates. Second Reading of Ordinance 17-2013-PUD-9-2013 for Planned Unit District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Resolution 2013-89 for Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive & Valley View Road. (Ordinance No. 17-2013-PUD-9-2013 for PUD District Review and Zoning District Amendment, Resolution No. 2013-89 for Site Plan Review) E. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR OLYMPIC HILLS GOLF COURSE STORMWATER IMPROVEMENT PROJECT F. AWARD CONTRACT TO EUELL'S MANUFACTURING CO. INC. FOR PURCHASE OF MATERIALS FOR RECONSTRUCTION OF 168Tx AVENUE RETAINING WALL G. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD SOUTH ACQUISITIONS H. APPROVE THE UPDATED CAPITAL ASSET POLICY I. APPROVE LETTER OF AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE HEALTH INSURANCE CITY COUNCIL MINUTES October 15, 2013 Page 3 J. APPROVE AGREEMENT WITH COMPASS CONSULTING FOR PHASE 2 SERVICES FOR EXPANSION OF THE FIBER OPTIC NETWORK TO CITY REMOTE SITES K. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR CONSTRUCTION SERVICES FOR PHASE 2 OF THE FIBER NETWORK EXPANSION PROJECT MOTION: Aho moved, seconded by Nelson, to approve Items A-K of the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2013-90 APPROVING ALL SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2013 Getschow said each year the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of supplemental assessments such as trunk assessments and contracted removal assessments. He noted almost 80% of the assessments were due to the recent project at Reeder Ridge. The City Council establishes the assessment amount and conducts the hearing for the special assessments. The assessments are levied on the properties for the following year. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher-Wickstrom, to close the public hearing for the approval of the 2013 Special Assessments, and to adopt Resolution No. 2013-90 approving all Special Assessments presented in the fall of 2013. Motion carried 4-0. B. RESOLUTION NO. 2013-91 VACATING DRAINAGE AND UTILITY EASEMENTS AS DEDICATED IN PLAT OF LOTS 3 AND 4, BLOCK 2, CEDAR HILLS WEST Getschow said the property owners have requested the vacation of the drainage and utility easements to facilitate the plat of Reeder Ridge for new home construction. The drainage and utility easements to be vacated were originally dedicated with the plat of Cedar Hills West. New drainage and utility easements will be dedicated with the plat of Reeder Ridge. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Reeder Ridge. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2013-91 vacating the drainage and utility easements as CITY COUNCIL MINUTES October 15, 2013 Page 4 dedicated in the plat of Cedar Hills West embraced within Lots 3 and 4, Block 2, Cedar Hills West, Hennepin County, Minnesota. Motion carried 4-0. C. ST. ANDREW HAVEN by J. David Management, LLC. Request for Planned Unit Development Concept Review on 1.716 acres, Planned Unit District Review with waivers on 1.716 acres, Zoning District Change from R1-22 to R1-13.5 on 1.716 acres and Preliminary Plat of 1.716 acres into 4 lots and 1 outlot. Location: 13618 St. Andrew Drive. (Resolution No. 2013-92 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2013-93 for Preliminary Plat) Getschow said official notice of this public hearing was published in the October 3, 2013, Eden Prairie News and sent to 76 property owners. This development proposes creation of 4 single family lots and an outlot. The outlot will be deeded to the City for protection of the wetland area. The net density of the project is 2.67 units per acre. Waivers to lot frontage, lot width and setbacks are being requested. The Planning Commission voted 8-0 to recommend approval of the project at the September 23, 2013 meeting. Peter Knaeble, representing Terra Engineering, said they are requesting setback variances because of the unique shape of the property. The variances will allow them to keep the houses closer to the street and to keep some trees in the rear. He said the prices of the homes will range from $425,000 to $575,000. Tyra-Lukens asked if the developer plans to save all of the trees that provide a great barrier along Baker Road. Mr. Knaeble said they intend to save all of the trees. Nelson was concerned about the five foot setback for Lot 2 as that seems to be very close to the other home, especially for the large homes they plan to build. She asked about the justification for moving from a ten foot setback to a five foot setback. Mr. Knaeble said they are trying to use standard home packages, and the smaller setback will allow them to do that. Nelson said she believes that setback is too close for the large homes they propose, and she was not willing to support that. She asked about Lot 1. Mr. Knaeble said Lot 1 is near an open area. He said the home could be pushed back five or ten feet. The bulk of the tree mass would be on Lots 1 and 2, and they would have to take additional trees down if the house were moved back. Aho asked if the home on Lot 2 could be shifted a little more to the northeast or if they could do 7-1/2 foot setbacks for each of the two homes. Mr. Knaeble said that would be fine with the proponent. Tyra-Lukens asked about the driveway locations. Mr. Knaeble said they could be moved because all of the homes will be custom designed. Nelson said for 20 years Eden Prairie has kept our setbacks at ten feet for large homes unless we are trying to do something special. She was concerned that a precedent would be set that could result in five-foot setbacks everywhere, and she did not see any mitigating reason for the five-foot variance for this one. She thought CITY COUNCIL MINUTES October 15, 2013 Page 5 these custom-built homes could be made five feet narrower. Getschow said this is a plat and hasn't been developed yet. The property lines haven't been drawn so they may have room to maneuver the property lines. Tyra-Lukens asked if that was something that could be done at second reading. Getschow said that was correct. Jeremiah said it would also be possible to condition the variance on that portion of the house that is the garage. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2013-92 for Planned Unit Development Concept Review on 1.7 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1- 22 to R1-13.5 on 1.7 acres; to adopt Resolution No. 2013-93 for Preliminary Plat on 1.7 acres into 4 lots and 1 outlot; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and with the Council condition that Lot 2 have at least a ten foot setback. 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. RESOLUTION NO. 2013-94 APPROVING SUBMITTAL OF I-35W/I-494 INTERCHANGE IMPROVEMENT PROJECT FOR CONSIDERATION BY THE STATE OF MINNESOTA 2013 CORRIDORS OF COMMERCE PROGRAM Getschow said Eden Prairie is being asked by the I-494 Corridor Commission to pass a resolution supporting the I-35W/I-494 interchange improvements. The improvement project would be part of the new Corridors of Commerce program from the State of Minnesota. The program provides funding to larger highway, transit and railroad corridors that are moving many goods and services through Minnesota. While the physical location of these improvements would not be in Eden Prairie, it would be a benefit to residents and the business community. Aho said he is chair of the I-494 Corridor Commission, and one of his big priorities with that organization is the I-35W/I-494 interchange. That interchange affects many of our residents, and MnDOT does not have it on their schedule for improvement. The new program offers hope we could gain funding for the project. The I-494 Corridor Commission wanted to press forward with this to have cities approve this letter and send the recommendation to MnDOT and Commissioner CITY COUNCIL MINUTES October 15, 2013 Page 6 Zelle. He noted 500,000 vehicles travel through the interchange every day, and the accident rate there is more than double the metropolitan average. Tyra-Lukens commented it sounds like a worthwhile project and is just another in a long string of needed transportation improvements. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2013-94 approving the submittal of portions of the I-35W/I-494 interchange improvement project for consideration by the state of Minnesota 2013 Corridors of Commerce program. 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 1. Lease Assisnment for City Owned Property at 8098 Glen Lane (Ace Day Care Jeremiah said the current tenants of the property at 8098 Glen Lane are selling the business to Roda Farrah Mohamed of Lighthouse Day Care. Ms Mohamed is an Eden Prairie resident and has a lot of experience running a day care. The current lease requires the City to approve any assignment. The lease assignment would not change any terms of the agreement. Tyra-Lukens said the City acquired the property because of improvements to Singletree Lane,but she did not think the City should own it for any length of time. She asked if the new tenants know that we intend to sell this in the near future. Jeremiah replied the tenants are aware that the City may decide to sell the property. She said we decided to hold it for a couple of reasons: the price to pay for the right-of-way was very high, and we were not certain where the LRT station and LRT parking might be located. The issue with the LRT does not seem to be a factor now. Tyra-Lukens asked if the property could be added to other property to do a major redevelopment in the area. Jeremiah said it would be difficult to do anything substantial on it other than redevelopment. MOTION: Aho moved, seconded by Nelson, to approve the lease assignment between the City of Eden Prairie and Lighthouse Daycare for the City owned property located at 8098 Glen Lane. Motion carried 4-0. CITY COUNCIL MINUTES October 15, 2013 Page 7 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: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:34 PM.