HomeMy WebLinkAboutCity Council - 08/15/2000 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,AUGUST 15,2000 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL:
Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and
Nancy Tyra-Lukens
CITY COUNCIL STAFF:
City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety
Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and
Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City
Attorney Ric Rosow and Council Recorder Peggy Rasmussen
I. ROLL CALL/CALL THE MEETING TO ORDER
H. PLEDGE OF ALLEGIANCE
M. COUNCIL FORUM INVITATION
Mayor Harris said Council Forum is held the first and third Tuesdays of the month from
6:30—6:55 p.m. in Heritage Room H. This will be scheduled time following City Council
Workshops and immediately preceding regular City Council Meetings. It is important, if
you wish to visit with the City Council and Service Area Directors at this time, that you
notify the City Manager's office by noon of the meeting date with your request.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as
published. Motion carried 5-0.
V. MINUTES
A. CITY COUNCIL WORKSHOP HELD AUGUST 1,2000
MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of
the City Council Workshop held August 1,2000. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD AUGUST 1,2000
Butcher referenced the report from HPC Chair Jan Mosman on page 11, section 2,
paragraph 1, and asked if it reflects the Adaptive Reuse Proposal for the Smith
House.
Enger replied by reading the motion from the HPC minutes of June 19, 2000, as
follows: "Peterson-Benike moved, seconded by Barkley, to accept the Adaptive
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AUGUST 15,2000
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Reuse Proposal for the following properties: . . . Smith House Concept:
Community Heritage Preservation Site. Use: (Option 1) Commercial Lease,
(Option 2) Sell." The motion carried 5-0.
Enger read from the Adaptive Reuse Proposal, dated June 20, 2000, which
Council adopted and which the HPC recommended for adoption.
"The HPC is recommending consideration of two reuse options for the Smith
House. The options are listed in order of priority. The HPC recommends that the
city approve Option 1. Neither option would require the city to pay for
rehabilitation of the house. However,the budget summary provided illustrates the
items and associated costs to bring the property up to a minimal level acceptable
for basic use.
Option 1
• Concept: Reuse of the Smith House as a community heritage preservation
site.
• Goal: Rehabilitate the Smith House for an adaptive reuse for a commercial
purpose.
r • Objective: Create a unique facility that will utilize the site's inherent historic
qualities,yet remain accessible to the community.
• Use: Commercial(coffee shop,tearoom bookstore, antique store).
• Commercial: The Smith House is well suited for adaptive reuse as a
commercial site. No other similar use of an historic building exists in Eden
Prairie. Precedent for this type of use does exist in many Twin Cities'
communities, as Hopkins, Excelsior, Woodbury, Minneapolis, St. Paul,
Stillwater,White Bear Lake, and others can demonstrate. The Smith House is
already well known to the community, and well situated along County Road 4
(Eden Prairie Road), near the entrance to Miller Park and within view of the
Southwest Regional LRT trail corridor.
The HPC recommends a use that would allow the public to access the historic
home's interior. The building's main level is remarkably well preserved and
worthy of the public's appreciation. Space on the main level is limited to
1,404 square feet, sufficient for a coffee shop or similar use."
Option 2
f • Concept: Community heritage preservation site.
• Goal: Rehabilitate the Smith House to allow for commercial use or
residential use.
• Objective: Preserve the home's historic character and visual aesthetics, and
sustain its status as a Heritage Preservation Site for the community through
sensitive reuse.
• Uses: Commercial(small office space),residential.
• Commercial: The Smith House could be reused as small office space. This
use may require significant alteration to the home's interior space, and if the
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AUGUST 15,2000
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upper level were utilized, a second exit would need to be provided according
to the City Building Official.
• Residential: This use would require little, if any, change, other than
rehabilitation and normal maintenance. However, any owner of the property
could alter the interior to accommodate a contemporary use or necessary
upgrade. Any proposed change to the exterior of the house would require a
Site Alteration Permit issued by the HPC after review of the proposed
changes. This review process is required of any user of the property,
including the city."
r Enger concluded by saying he hoped that makes it clear the HPC did recommend
the Adaptive Reuse Proposal for the Smith House.
Butcher said it would be wise to make that part of the record of the (August 15)
meeting. Thorfinnson thought it probably should be included as part of the record
for the August 1 meeting.
Rosow said, since the HPC Adaptive Reuse Proposal was not presented to the
Council at the last meeting, it should not be added to the record for that meeting.
It could be added to the record for the August 15 meeting, and then add a footnote
to the August 1 meeting minutes, stating"See minutes of August 15,2000."
MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of
the City Council meeting held August 1, 2000, as published and footnoted to
reference the minutes of August 15,2000. Motion carried 5-0.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. SHADY OAK TECHNOLOGY BUILDING by Mount Properties. 2n Reading
for Planned Unit Development District Review with waivers on 5.52 acres, Zoning
District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres.
Location: 6875 Shady Oak Road. (Ordinance No. 21-2000-PUD-13-200 Ofor PUD
District Review and Zoning District Change, and Resolution No. 2000-131 for
Site Plan)
C. US WEST ADDITION by US West. 2,d Reading for Planned Unit Development
District Review with waivers within the I-2 Zoning District on 1.09 acres, and
Site Plan Review on 1.09 acres. Location: 7825 Fuller Road. (Ordinance No.
23-2000-PUD-15-2000 for PUD District Review and Zoning District
Amendment, and Resolution No. 2000-132 for Site Plan)
D. IVERS ADDITION by Jerry Klooster. 2nd Reading for PUD District Review
with waivers on 4.41 acres and Zoning District Amendment with waivers in the
R1-22 Zoning District. Location: 17221 Terrey Pine Drive. (Ordinance No. 24-
2000-PUD-16-2000 for PUD District Review and Zoning District
Amendment)
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AUGUST 15,2000
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E. AUTHORIZE ISSUANCE OF GRADING PERMIT TO SOUTHWEST
r METRO FOR TEMPORARY PARKING FACILITY
F. ADOPT RESOLUTION NO. 2000-133 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
FOR HIGHVIEW DRIVE/LAKELAND TERRACE AREA,I.C.96-5406
G. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR PLACING OF UTILITIES AND STREETS TO
BENEFIT THE SHADY OAK INDUSTRIAL PARK
H. APPROVE RELEASE OF LAND FROM THE SPECIAL ASSESSMENT
AGREEMENT FOR PLACING OF UTILITIES TO BENEFIT THE
FLAGSHIP ADDITION
I. ADOPT RESOLUTION NO. 2000-134 APPROVING APPOINTMENT OF
ELECTION JUDGES FOR 2000 PRIMARY AND GENERAL ELECTION
J. ADOPT RESOLUTION NO. 2000-135 RELATING TO JOINT AND
COOEPRATIVE AGREEMENT BETWEEN THE CITY OF EDEN
PRAIRIE AND THE MUNICIPAL LEGISLATIVE COMMISSION
K. AUTHORIZE EXECUTION OF AN AGREEMENT FOR EQUIPMENT
AND SERVICES RELATED TO REPLACEMENT OF THE CITY'S
PRIMARY RADIO COMMUNICATIONS SITE AND TOWER
L. APPROVE LICENSE AGREEMENT FOR ANTENNA LEASE ATOP
MARKETCENTER WATER TOWER
MOTION: Butcher moved, seconded by Case, to approve Items A-L on the Consent
Calendar. Motion carried 5-0.
VH. PUBLIC HEARINGS/MEETINGS
A. SPECIAL ASSESSMENT HEARING FOR THE CEDAR FOREST FIRST
ADDITION AND SURROUNDING AREAS, I.C. 99-5491 (Resolution No.
2000-13
Enger said official notice of this public hearing was published July 27,2000 in the
Eden Prairie News and sent to 63 property owners. Al Gray, City Engineer, held
a neighborhood meeting on August 14.
Gray said this project consists of providing residential street and utility
improvements to an existing residential subdivision of 45 properties in and
adjacent to Cedar Forest First Addition, as well as utility improvements benefiting
18 land parcels along the east and west side of the First Addition. The details are
in the feasibility study. Bids were opened on Friday, August 11, and the bids
were very favorable. In the feasibility study, assessments to residential lots were
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AUGUST 15,2000
Page 5
estimated at $25,160. After opening the bids, it appears the assessments will
come down to $23,000. Because of the maximum amount of$19,600 that can be
assessed to homesteaded properties, the City will be spending more in the
residential subdivision than it is proposing to assess. From his discussions with
neighbors, Gray expected a number of them would be connecting to sewer and
water.
Gray said the other part of the notice that went out was sub-trunk assessments for
18 properties outside of the residential subdivision,based on the feasibility study.
However, City Staff recommends withdrawing the utility assessments from those
18 properties at this time, because it is likely those final assessments would be
different from the estimated cost in the feasibility study. Assessments will be
' proposed at a later date. Staff recommends proceeding with assessments of
$11,520 on the 45 residential properties for street improvements, however. Gray
said he believes the neighborhood wants the City to proceed.
Mayor Harris asked if anyone wished to address the Council about the
assessments. No one did.
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public
hearing; and adopt Resolution No. 2000-136 approving the Special Assessments
presented regarding street improvements to 45 lots within Cedar Forest Area, I.C.
99-5491. Motion carried 5-0.
B. WALGREENS/BANK PROJECT by Semper Development, LTD. Request for
Planned Unit Development Concept Amendment on 3.36 acres to the overall
Gonyea PUD, Planned Unit Development District Review within the Community
Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres, and
Preliminary Plat of 3.36 acres into 2 lots. Location: Northeast Corner of Co. Rd.
4 and Hwy. 5. (Resolution No. 2000-137 for PUD Concept Amendment,
Ordinance for PUD District Review and Zoning District Amendment, and
Resolution No.2000-138 for Preliminary Plat)
Enger said official notice of this public hearing was published July 6, 2000 in the
Eden Prairie News and sent to 21 property owners.
John Koehler, an architect with Semper Development, showed the site plan. The
project is located at the southeast corner of the intersection of Wagner Way and
County Road 4. The project involves removing the existing building and
constructing a 15,120 square foot Walgreens and a 3,500 square foot bank. The
project requires waivers for off-site parking, lot size, and side yard setback. Both
buildings will have drive-up windows for customer service.
Approximately 9,200 square feet of a 17.3-acre wetland will be filled. The
mitigation site is at the southwest corner of Venture Lane and Highway 5. A
conservation easement is shown on the plans over the wetland, wetland
mitigation, and wetland buffers. The plan meets the required 15-foot wetland
buffer and the required 15-foot structure setback.
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AUGUST 15,2000
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At its June 12, 2000 meeting, the Community Planning Board voted 6-0 to
recommend approval of the project,with waivers,to the City Council.
Mayor Harris asked the architect to show the traffic pattern around the buildings,
since both of them have drive-up windows.
Koehler showed the project traffic pattern, saying there is a counter-clockwise
traffic flow around each building. There is only one point of conflict, and the
plan shows a wider driveway at that point. He said they could also have stop
signs there. Their traffic engineers have looked into this. It is a layout used in
other parts of the country.
Butcher said she saw a place recently that had put in speed bumps. Koehler said
they could do that. The only problem would be for snowplows.
Mayor Harris said she wouldn't want to have any accidents occur, and asked the
architect to look further into traffic control.
Butcher asked to see where the signage would be. The architect said they will
have a sign on the building, facing Highway 5, and Walgreens would have a
freestanding sign.
Case asked if the architect had the current traffic numbers compared with the
previously approved plan. Koehler said they did do a traffic analysis that showed
the current bank traffic was consistent with the 1986 traffic study. The music
school, presently located in the building, creates a fair amount of traffic when
parents come to pick up their children. The music school will be moving out, so
traffic would be just generated by Walgreens and the bank.
Case asked how much the southbound traffic turning left at Wagner Way off
County Road 4 would be increased. The architect said he didn't think the traffic
would be significantly more.
Case said he understood there would be trees planted as a wetland buffer between
the parking lot and the wetland. He asked if that buffer would include trees
currently on the site, plus adding some more. The architect said that is correct.
They will also put in a two-foot retaining wall.
Case asked to see a map of the new wetland mitigation site. The architect showed
the map of the wetland mitigation site at the southwest corner of Venture Lane
and Highway 5.
Tyra-Lukens said when Walgreens moved into their present site, they asked for
more parking spaces than City Code allowed; She hasn't see that many spaces
being used at the Walgreens,where it is located now. She asked why the architect
believed 85 parking spaces were needed. Since this project is near a wetland, she
doesn't like to see so many parking spaces.
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AUGUST 15,2000
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The architect said Walgreens likes to have at least 70 stalls. During the holidays
they have extra staff parking there, as well as more customers. They have found
that less than 70 spaces are not enough.
Tyra-Lukens asked what is different about the look of this Walgreens from the
standard Walgreens proposal. The architect showed pictures indicating straight
lines and no pitch to the roof. He said the City's design ordinance impacts what
the standard design would be.
Mayor Harris asked if this Walgreens would be the same size as the one located
nearby, and if Walgreens intended to maintain that one. Koehler replied the
proposed Walgreens would be larger, at 15,000 square feet. Walgreens will not
be maintaining the store nearby. There have already been inquiries about using
that space for other purposes, such as a day care.
Mayor Harris asked if there would be a safe way for senior citizens to cross the
highway to get to Walgreens.
Case said the senior citizens in Sterling Ponds would be likely to use this store.
He suggested having a pedestrian crosswalk. Koehler agreed to do that.
Mayor Harris asked if anyone wished to address the Council on this proposal. No
one did.
MOTION: Thorfinnson moved, seconded by Case, to close the public hearing;
and adopt Resolution No. 2000-137 for PUD Concept Amendment on 3.36 acres;
and approve 1"Reading of the Ordinance for Planned Unit Development District
Review with waivers within the Community Commercial Zoning District on 3.36
acres; and adopt Resolution No. 2000-138 for Preliminary Plat of 3.36 acres into
2 lots; and direct Staff to prepare a Developer's Agreement incorporating
Commission and Staff recommendations and the Council condition to look at
traffic control. Motion carried 5-0.
C. SCHLOTZSKY'S DELI (OFFICE DEPOT), by Midwest Expansion Ltd.
Request for Planned Unit Development Concept Amendment on 4.19 acres of the
Town Place Center PUD, Planned Unit Development District Review with
waivers on 4.19 acres, Zoning District Amendment within the C-Reg-Ser Zoning
District on 4.19 acres, Site Plan Review on 4.19 acres, and Preliminary Plat of
4.19 acres into 2 lots. Location: 11609 Leona Road. (Resolution No. 2000-139
for PUD Concept Amendment, Ordinance for PUD District Review and
Zoning District Amendment, and Resolution No. 2000-140 for Preliminary
Plat)
Enger said official notice of this public hearing was published August 3, 2000 in
the Eden Prairie News and sent to 17 property owners.
Scott Mower, architect for Progressive Architecture, said he was representing
Midwest Expansion Ltd., AKA Schlotzsky's. The building will be owned by
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AUGUST 15,2000
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Midwest Expansion with Schlotzsky's Deli as one tenant. The other tenant will
be Caribou Coffee. The project includes a one-story, 5,299-square-foot restaurant
building, located at 11609 Leona Road. The existing structure at this location,
Office Depot,was approved as part of the Town Place Center PUD in 1997. This
approval included a future restaurant addition to the west side of the existing
Office Depot structure. The restaurant would have a drive-through. The site
meets all parking requirements. There is a retention pond on the west side of the
site, which has to be redesigned to meet increased runoff. The architectural
material will be the same as that used for Office Depot, which will also include
stone elements.
Signage would be within code. They will share use of existing pylon signs being
used by Office Depot. Stacking for the drive-through will allow more cars than
would be anticipated. The drive-through will only be used by Schlotzsky's, not
the other tenant. To accommodate traffic, they have widened the visual sight line
around the building. A pedestrian crosswalk will be striped.
Case said he assumed Schlotzsky's would be matching Office Depot's facade.
Mower said yes,they would match it.
Uram said the Community Planning Board voted �7-0 to recommend approval of
the project to the City Council at its July 24, 2000 meeting. The waivers
requested are a result of the need for lot division for mortgage purposes, and
reduced side yard building setback from 20 feet to 17 feet for the east property
line of Lot 2 and from 20 feet to 0 feet for the west property line of Lot 2. A
waiver was requested for offsite signage to allow Schlotzsky's to use existing
pylons.
Tyra-Lukens asked if the right to use that pylon signage would transfer to
subsequent owners. Uram said he believed that right would transfer, as it was part
of the City's overall approval.
Mayor Harris asked if there would be traffic control between the two buildings.
The architect replied they have an existing stop sign and also a striped pedestrian
crosswalk. They also pushed the corner of the lot back so there would be a visual
sight line.
Mayor Harris asked if anyone wished to speak to this proposal. No one did.
MOTION: Butcher moved, seconded by Case, to close the public hearing; and
adopt Resolution No. 2000-139 for PUD Concept Review on 4.19 acres; and
approve 1st Reading of the Ordinance for PUD District Review with waivers and
Zoning District Amendment in the Regional Commercial Service Zoning District
on 4.19 acres; and adopt Resolution No. 2000-140 for Preliminary Plat on 4.19
acres; and direct Staff to prepare a Developer's Agreement incorporating Staff
and Board recommendations. Motion carried 5-0.
r
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AUGUST 15,2000
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VHI. PAYMENT OF CLAIMS
MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the Payment of
Claims as submitted. Motion was approved on a roll can vote, with Butcher, Case,
Thorfmnson,Tyra-Lukens and Harris voting"aye."
IX. ORDINANCES AND RESOLUTIONS
A. RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND
SERIES 2000B—LINCOLN PARC PROJECT
B. RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000C AND
SERIES 2000D—LINCOLN PARC PROJECT
C. RESOLUTION AUTHORIZING NOTE AND MORTGAGE BETWEEN
LINCOLN PARC APARTMENTS, LLC, AND THE CITY OF EDEN
PRAIRIE
Enger explained that Items A. B. and C., all dealing with the mortgage between Lincoln
Park Apartments and the City of Eden Prairie, and resolutions authorizing sale and
issuance of Multifamily Housing Revenue Bonds, are not quite ready. Enger asked to
withdraw them from the agenda.
MOTION: Thorfinnson moved, seconded by Case,to withdraw Items A. B. and C. from
the agenda. Motion carried 5-0.
Enger said these items will be back on the agenda for the September 5, 2000 Council
meeting.
X. PETITIONS,REOUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS
XII. APPOINTMENTS
ME. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
CITY COUNCIL MEWTES
AUGUST 15,2000
Page 10
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Award Contract for Cedar Forest Street&Utility Improvements
Dietz reported that bids were opened Friday,August 11,2000. The lowest
responsible bidder was Minger Construction, Inc., with a bid in the
amount of$961,597.58. This was $100,000 under the estimate, and the
City Engineer recommends awarding the Contract to Minger Construction,
Inc. Councilmembers received the report of bid results.
MOTION: Case moved, seconded by Butcher, to award Contract for I.C.
99-5491 (Cedar Forest First Addition Improvements) to Minger
Construction,Inc.,with a bid of$961,597.58. Motion carried 5-0.
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the
meeting at 7:50 p.m.