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HomeMy WebLinkAboutCity Council - 05/04/1993 MINUTES EDEN PRAIRIE CITY COUNCIL *TUESDAY, MAY 49 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCH MF—MBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. PROCLAMATION FOR SENIOR AWARENESS WEEK Mayor Tenpas presented a proclamation declaring May 17 - 23 as Senior Awareness Week to the .representatives of the Senior Center. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item M. I., APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - Riverview Heights Public Improvements, I.C. 93-5320 and III. J.,VILLAGE KNOLLS 2ND ADDITION-2nd Reading of Ordinance for PUD District Review and Rezoning within the R1-13.5 District on 19.1 acres: Approval of Developer's Agreement: and Adoption of Resolution Authorizing Summary of Ordinance and Ordering Publication. MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted. Motion carried unanimously. H. MINUTES A. CITY COUNCIL MEETING HELD THURSDAY, APRIL 20, 1993 MOTION: Harris moved, seconded by Anderson, to approve the minutes of the April 20, 1993, meeting as submitted. Motion carried on a 3 - 0 - 2 vote, with Pidcock and Jessen abstaining. M. CONSENT CALENDAR A. CLERK'S LICENSE LIST • B. NORMANDY CREST by Associated Investments, Inc. 2nd Reading of an Ordinance requesting Zoning District Change from Rural to R1-13.5 on 3.77 acres; Approval of Developer's Agreement for Associated Investments, Inc.; Adoption of a Resolution Authorizing Summary of an Ordinance City Council Minutes 2 May 4, 1993 • and Ordering Publication of Said Summary. Location: South of Pioneer Trail and west of Normandy Crest. (Ordinance#12-93, Zoning District Change from Rural to R1-13.5;and Resolution#93-84 Authorizing Summary and Publication) Continued from April 20, 1993 C. FINAL PLAT OF NORMANDY CREST (Resolution#93-85) Continued from April 20, 1993 D. CDBG JOINT COOPERATION AGREEMENT, Resolution Authorizing the Mayor and City Manager to Execute a Joint Cooperation Agreement between the City of Eden Prairie and Hennepin County for Participation in the Community Development Block Grant Program (Resolution#93-86) E. CARMODY VH.LAGE by Centex Real Estate Corporation. 2nd Reading of an Ordinance requesting PUD District Review and Rezoning from Rural to RM-6.5 on 27.15 acres; Approval of Developer's Agreement for Carmody Village; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: North of Anderson Lakes Parkway at the Carmody Drive Intersection. (Ordinance #13-93-PUD-2-93, PUD District Review and Rezoning from Rural to RM 6.5; and Resolution#93-87 Authorizing Summary and Publication)Continued from April 20, 1993 F. REQUEST BY MICHAEL SUTTON FOR A GRADING PERMIT AT 7000 AND 7012 BAKER ROAD • G. RECEIVE 100% PETITION FOR PUBLIC IMPROVEMENTS TO VILLAGE KNOLLS 2ND ADDITION, I.C. 93-5325 (Resolution #93-88) H. APPOINTMENT OF PROPERTY MANAGEMENT FIRM FOR CITY CENTER I. APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - Riverview Heights Public Improvements, I.C. 93-5320 (Resolution#93-89) J. VILLAGE KNOLLS 2ND ADDITION Wooddale Builders. 2nd Reading of Ordinance for PUD District Review and Rezoning within the R1-13.5 District on 19.1 acres; Approval of Developer's Agreement; and Adoption of Resolution Authorizing Summary of Ordinance and Ordering Publication (Ordinance #14-93-PUD-3-93; Resolution #93-90, Authorizing Summary) MOTION: Pidcock moved, seconded by Anderson, to approve items A. - J. of the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS A. FREEBURG/PERKINS/FELTL ADDITION by Freeburg/Perkins/Feltl. Request for Preliminary Plat of three acres into three lots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals: Location: Willow Creek Road (Resolution for Preliminary Plat) Continued from April 20, 1993 • MOTION: Pidcock moved, seconded by Jessen, to continue this item to the June 1, 1993, meeting. Motion carried unanimously. City Council Minutes 3 May 4, 1993 • B. KINGSTON RIDGE 2ND ADDITION by Leland Kottke. Request for Rezoning from Rural to Rl- 13.5 on 2.76 acres and Preliminary Plat of 2.76 acres into 6 lots and road right-of-way. Location: South of Kingston Ridge, west of Staring Lake Parkway. (Ordinance for Rezoning from Rural to R1-13.5 and Resolution Adopting Preliminary Plat) Continued from April 20, 1993 Ron Krueger presented the details of the proposed plan for Council review. Both the Planning Commission and Parks, Recreation, and Natural Resources Commissions recommended approval of the development. There were no comments from members of the audience. MOTION: Harris moved, seconded by lessen, to: 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance for Rezoning; 3) Adopt Resolution #93-91 approving the Preliminary Plat; and 4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. • C. BEARPATH PHASE 2 by Sienna Corporation. Request for Comprehensive Guide Plan Change from Low Density Residential to Quasi-Public on 235 acres, request for PUD Concept Review on 419 acres, PUD District Review on 419 acres, Rezoning from Rural to R1-13.5 on 122.0 acres, Rezoning from Rural to RM-6.5 on 19.1 acres, and Preliminary Plat of 419 acres into 234 single family lots and 65 multi-family lots. Location: East of Riley Lake, north of Pioneer Trail. (Resolution for Comprehensive Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and from Rural to RM 6.5; and Resolution for Preliminary Plat) Continued from April 20, 1993 Rick Packer, Sienna Corporation, reviewed the proposed development with the Council. The Planning Commission and Parks, Recreation, and Natural Resources Commission both recommended approval of the proposed development. Councilmembers discussed the need for construction of the trails concurrent with construction of the roads in the area. It was also suggested that the developer consider housing similar to the "Health House" which provided for healthy internal environments for houses for people with respiratory and other health-related concerns. There were no comments from members of the audience. MOTION: lessen moved, seconded by Harris, to: • 1) Close the Public Hearing; 2) Adopt Resolution #93-92 approving the Comprehensive Guide Plan Change; City Council Minutes 4 May 4, 1993 • 3) Adopt Resolution #93-93 approving the PUD Concept Review; 4) Approve 1st Reading of the Ordinance for PUD District Review and Rezoning from Rural to Rl- 13.5 and RM-6.5; 5) Adopt Resolution #93-94 approving the Preliminary Plat; and 6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. BLOCK BUSTER VIDEO/LIQUOR STORE by Northco Corporation. Request for Zoning District Amendment within the Community Commercial Zoning District on 10.8 acres, preliminary plat of 10.8 acres and Site Plan Review on 10.8 acres into three lots with variances to be reviewed by the Board of Adjustments and Appeals. Location: Northwest comer of the intersection of County Road 4 and Highway 5. (Ordinance for Zoning District Amendment within the Community Commercial Zoning District and Resolution for Preliminary Plat.) Bruce Carlson, Northco Corporation, presented the details of the proposed development plan. Enger reported that the Planning Commission recommended denial of the project as it did not meet City • Code requirements. Noting that the liquor store portion of the proposal would be City-owned and operated, Councilmembers expressed concerns regarding the ethics of granting a variance to the City for its benefit. Other issues raised by Councilmembers included parking availability, base area ratio (BAR) for the site, sight lines at the intersection of Highway #5 and County Road #4, precedents which may have been set in other shopping centers for parking. Enger explained that a reduction in building size to approximately 7,885 sq. ft. would eliminate the need for a variance to the BAR and would reduce the requested parking variance. He noted that the City Code requirement was for six (6) parking spaces/1,000 sq. ft. of gross floor area but that the proposal showed 3.6 spaces/1,000 sq. ft. of gross floor area. Carlson said that a proof-of-parking area was depicted in the plans. Gray discussed the various approaches at the intersection of Highway#5 and County Road#4 and said that the sight lines should not be a problem if the building were constructed in the location shown. Gray said that an added safety feature was that the intersection was signalized. Enger said that other variances to the parking ratio had been granted to other shopping centers, but not to the degree requested by the developer for this site. As an example, Enger said the Rainbow • Foods Center parking ratio was 5.5 spaces/1,000 sq. ft. of gross floor area. City Council Minutes 5 May 4, 1993 • Dick Brown, 7685 Heritage Road, Keith Martens, 7760 Heritage Road, Don Sabinske, 7740 Heritage Road, expressed concerns regarding traffic, bicycle and pedestrian safety, and the ethical issues involved if the City would grant variances in its own best interests. Tom Lauby, former owner of the video store currently located in Prairie Village Mall, said that traffic was a concern for his store in the past. Jim Connelly, manager of Panorama Video in Rainbow Foods Center, asked that no special considerations be granted to one retailer that are not granted to others in the market area. Mayor Tenpas declared a recess at 8:55 p.m. Tenpas left the meeting at 9:00 p.m. Acting Mayor Anderson called the meeting back to order at 9:05 p.m. MOTION: Harris moved, seconded by Jessen, to: 1) Close the Public Hearing; and 2) Direct that Staff prepare a Resolution of denial with understanding that it does not preclude a modified proposal in the future. Findings for Denial of the proposal. Motion carried unanimously. • Carlson asked if the fees could be waived for a new application. Councilmembers concurred that the fees for a new proposal should be waived for a substantially similar application. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Jessen, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, and Pidcock voting "aye." VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS AND COMMUNICATIONS V1H. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Letter from Hoyt Development • Councilmembers acknowledged receipt of a letter from Hoyt Development complimenting City Staff regarding work which had been done with Hoyt Development recently. City Council Minutes 6 May 4, 1993 • B. Report of City Manager 1. Set Joint Meeting Dates - Human Services Committee: Eden Prairie School Board Council directed Staff to confirm a joint meeting with the Human Rights Committee for May 18th at 6:00 PM. Council also directed Staff to confirm a joint meeting with the School District for Thursday, May 20, 1993, at 5:00 p.m. to include discussion of diversity issues and a swimming pool. C. Report of Director of Parks, Recreation & Natural Resources D. Report of Director of Community Development E. Report of Director of Public Works 1. Review Final Water Tower Schematics Staff presented the architectural treatment proposed for the landmark water tower to be constructed on the City's Marketcenter property. It was suggested that a picnic area be developed at the base of the tower. • MOTION: Jessen moved, seconded by Pidcock, to approve the concept for the water tower at Marketcenter as presented. Motion carried unanimously. 2. Resolution Awarding Contract for Traffic Signals at Mitchell Road and Technology Drive, I.C. 93-5313 MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution #93-95, awarding the contract for traffic signals at Mitchell Road and Technology Drive, I.C. 93-5313. Motion carried unanimously. 3. Resolution Awarding Contract for Braxton Drive Improvements, I.C. 52-189 MOTION: Pidcock moved, seconded by Harris, to adopt Resolution #93-96, awarding the contract for Braxton Drive Improvements, I.C. 52-189. Motion carried unanimously. F. Report of City Attorney G. Report of Finance Director XI. OTHER BUSINESS �XII. ADJOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Hams, to adjourn the meeting. Acting Mayor Anderson adjourned the meeting at 9:40 p.m.